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Full text of "North Carolina Register v.5 no. 14 (10/15/1990)"

N/ -P^ t \HA/N(pj- 



The 



RETCflVED 



OCT 18 1990 



TF* LIBRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




EXECUTIVE ORDERS 

PROPOSED RULES 

Cosmetic Art Examiners 

Environment, Health, and Natural Resources 

Human Resources 

Secretary of State 

FINAL RULES 

Correction 

Human Resources 

Transportation 

List of Rules Codified 

ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: OCTOBER 1 5, 1 990 
Volume 5 • Issue 14 • Pages 896-956 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptioiis. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Registerbeiore the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rula^ 
must begin normal rule-making procedures on the perw 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
ly 35% is changed annuallv. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0. 1 5) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual volumes may also be purchased with! 
supplement service. Renewal subscriptions for' 
supplements to the initial publication available. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 






NORTH 
CAROLINA 
REGISTER 




ISSUE CONTENTS 



I. EXECUTIVE ORDERS 

Executive Orders 124-126. 



Office of Administrative Hearings 

P. O. Drawer 1 1 666 

Raleigh, NC 27604 

(919) 733 - 2678 



.896 



II. PROPOSED RULES 

Environment, Health, and 
Natural Resources 

Environmental Management.... 1 ) 12 
Wildlife Resources 

Commission 924 

Human Resources 

Medical Assistance 911 

Mental Health, Developmental 
Disabilities and Substance 

Abuse Services 898 

Licensing Board 

Cosmetic Art Examiners 927 

Secretary of State 
Securities Division 927 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



III. FINAL RULES 

Correction 

Division of Prisons 938 

Human Resources 

N.C. Drug Commission 939 

Transportation 

Division of Motor Vehicles 943 

List of Rules Codified 944 

EV. ARRC OBJECTIONS 948 

V. RULES INVALIDATED BY 

JUDICIAL DECISION 952 

VI. CUMULATIVE INDEX 954 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Farliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 

Agency 


Date 


******** 


******** 


******** 


******** 


****+**4 


04/02/90 


03/12/90 


03/19/90 


05/02/90 


08/01/90 


04/16/90 


03/23/90 


03/30/90 


05/16/90 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/1490 


09/01/90 


06/01/90 


05/10/90 


05/17/90 


07/01/90 


10,01/90 


06/15/90 


05/24/90 


06 01/90 


07/15/90 


10/01 90 


07/02/90 


06/11/90 


06/18/90 


08 01 90 


11/01/90 


07/16/90 


06/22/90 


06/29/90 


08/15,90 


11/01/90 


08/01/90 


07/11/90 


07/18/90 


08/31/90 


12/01/90 


08/15/90 


07/25/90 


08/01/90 


09/14/90 


12/01/90 


09/04/90 


08/13/90 


08/20/90 


10/04/90 


01/01/91 


09/14/90 


08/24/90 


08/31/90 


10/1490 


01/01/91 


10/01/90 


09/10/90 


09/17/90 


10/31,90 


02,01 91 


10/15/90 


09,25/90 


10/02/90 


11/1490 


02/01/91 


11/01/90 


10/11/90 


10/18/90 


11/30/90 


03/01/91 


11/15/90 


10/24/90 


10/31/90 


12/14/90 


03/01/91 


12/03/90 


11/08/90 


11/15/90 


01/02/91 


04. 01 91 


12/14/90 


11/21/90 


11/30/90 


01/13,91 


04 01 91 


01/02/91 


12/07,90 


12/14/90 


02/01/91 


05/01,91 


01/15/91 


12/20,90 


12 31/90 


02/14/91 


05/01/91 


02/01/91 


01/10/91 


01/17/91 


03/03/91 


06/01/91 


02/15/91 


01/25/91 


0201/91 


03/17/91 


06/01/91 


03/01/91 


02,08.91 


02/15/91 


03/31/91 


07/01/91 


03/15/91 


02/22/91 


03 0F91 


04/14/91 


07/01/91 


04/01/91 


03 11/91 


03/18/91 


05/01/91 


08,01/91 


04/15,91 


03/22/91 


04/01/91 


05/15/91 


08/01/91 


05/01/91 


04/10/91 


04/17/91 


05/31/91 


09/01/91 


05/15/91 


04/24/91 


05/01/91 


06/14/91 


09/01/91 


06/03/91 


05/10/91 


05/17/91 


07/03/91 


10/01/91 


06/14/91 


05/23/91 


05/31/91 


07/14/91 


10/01/91 


07/01/91 


06/10/91 


06/17/91 


07/31/91 


11/01/91 


07/15/91 


06/21/91 


06/28/91 


08/14/91 


11/01/91 


08/01/91 


07/11/91 


07/18/91 


08/31/91 


12/01/91 


08/15/91 


07/25/91 


08/01/91 


09/14,91 


12/01/91 


09/03/91 


08/12/91 


08/19/91 


10/03/91 


01/01/92 


09/16/91 


08/23/91 


08/30/91 


10/16/91 


01/01/92 


10/01/91 


09/10/91 


09/17/91 


10/31/91 


02 01 92 


10/15/91 


09/24/91 


10/01/91 


11/14/91 


02/01/92 


11/01/91 


10/11/91 


1018 91 


12/0191 


03/01/92 


11/15/91 


10-24,91 


10/31/91 


12/15/91 


03/01/92 


12/02/91 


11/07/91 


11/14/91 


01/01/92 


04/01/92 


12/16/91 


11/21/91 


12 02 91 


01/15/92 


04/01/92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NUMBER 124 
GOVERNOR'S TASK FORCE ON PRISON 
CONSTRUCTION AND CONSOLIDATION 

WHEREAS, an increasing inmate population 
has placed a tremendous burden upon our State 
correctional system, and 

WHEREAS, the North Carolina General As- 
sembly has appropriated $75 million for new 
prison construction, and 

WHEREAS, the General Assembly has directed 
that the question of issuance of $200 million of 
general obligation bonds for new prison con- 
struction be placed on the November 1990 ballot, 
and 

WHEREAS, I have concluded that it is in the 
State's best interest to establish a task force for 
the purpose of studying prison construction 
economies and consolidation, 

THEREFORE, by the authority vested in me as 
Governor by the Constitution and laws of North 
Carolina, IT IS ORDERED: 

Section 1. Establishment. There is hereby es- 
tablished the Governor's Task Force on Prison 
Construction and Consolidation. 

Section 2. Membership. The task force shall 
consist of seven members to be appointed by the 
Governor and who shall serve at the pleasure of 
the Governor. The chairperson of the task force 
shall be selected from among the membership by 
the Governor and shall serve as chairperson at 
the pleasure of the Governor. The chairperson 
shall coordinate the activities of the task force. 

Section 3. Purpose. The purpose of the task 
force is to study current prison facility con- 
struction costs and methods of construction, 
placement, costs of operation, support 
personnel/population ratios, and any other issues 
which may prove helpful in reaching a determi- 
nation as to whether or not smaller prison units 
can be consolidated into larger prison units for 
more efficient operation and the most econom- 
ical methods of construction of new facilities. 

Section 4. Reporting. The task force shall re- 
port the findings of its study to the Governor no 
later than February 1, 1991. 

Section 5. Administrative Support. Adminis- 
trative support for the task force shall be pro- 
vided by the Department of Correction. 

Section 6. Expenses. Expenses shall be paid 
out of the Department of Correction's budget. 
Those members of the task force who are State 



employees shall receive travel and subsistence in 
accordance with N.C.G.S. 138-6. Those mem- 
bers of the task force who are not State employ- 
ees shall receive travel and subsistence in 
accordance with N.C.G.S. 138-5. Those mem- 
bers of the task force who are also members of 
the General Assembly shall receive travel and 
subsistence in accordance with N.C.G.S. 
120-3. 1(a)(2)- (a)(4). 

No per diem will be paid to any task force 
member. 

Section 7. Duration. This order shall be ef- 
fective immediately and shall remain in effect 
until the purpose of the task force is accom- 
plished. 

Done in Raleigh, North Carolina this the 18th 
day of September, 1990. 

EXECUTIVE ORDER NUMBER 125 

AMENDMENT OF EXECUTIVE ORDER 

NUMBER 71 

By the authority vested in me as Governor by 
the Constitution and laws of the State of North 
Carolina, it is ORDERED: 

Executive Order Number 71, which established 
the Governor's Task Force on Rail Passenger 
Service and which was extended by Executive 
Order Number 94, is amended as follows: 

In Section 1, the second sentence is amended to 
read, "The Task Force shall consist of twenty 
members appointed by the Governor to serve at 
the pleasure of the Governor." 

In Section 1, the fifth sentence is amended to 
read, "The Secretary of Transportation or his 
designee shall serve as an ex-officio member and 
shall not be included in the twenty members to 
be appointed by the Governor." 

This order shall be effective immediately. 

Done in Raleigh, North Carolina this the 18th 
day of September 1990. 

EXECUTIVE ORDER NUMBER 126 

GOVERNOR'S HIGHWAY BEAUTIFICATION 

COUNCIL 

By the authority vested in me as Governor by 
the Constitution and laws of North Carolina, IT 
IS ORDERED: 

Section 1. Establishment. There is hereby es- 
tablished the Governor's Highway Beautification 
Council. 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



896 



EXECUTIVE ORDERS 



Section 2. Membership. The Council shall 
consist of 10 members to be appointed by the 
Governor and who shall serve at the pleasure of 
the Governor. Seven members shall be ap- 
pointed to represent each of the following ge- 
ographic areas which are comprised of the 
following highway divisions: 

(1) one member from division 1 and division 
2 

(2) one member from division 3 and division 
4 

(3) one member from division 5 and division 
6 

(4) one member from division 7 and division 
8 

(5) one member from division 9 and division 
10 

(6) one member from division 1 1 and division 
12 

(7) one member from division 13 and division 
14 

Three members shall represent the State at large. 

Section 3. Chairperson. The chairperson shall 
be chosen from among the membership of the 
Council by the Governor and shall serve as 
chairperson at the pleasure of the Governor. The 
chairperson shall coordinate the activities of the 
Council. 



Section 4. Purpose. 
Council is to: 



The purpose of the 



( 1 ) provide for citizens' input to the Depart- 
ment of Transportation on new and ex- 
isting highway beautiiication programs; 

(2) make recommendations to the Depart- 
ment of Transportation regarding ex- 
penditures for the planting of wildflowers 



and/or other flora along the State high- 
ways; 

(3) promote citizens' participation in the de- 
partment's volunteer beautification pro- 
grams; and 

(4) provide information to the citizens of 
North Carolina concerning highway 
beautification issues. 

Section 5. Administrative Support. 
Administrative support for the Council 
shall be provided by the Department of 
Transportation's Beautification Program 
staff. 

Section 6. Expenses. Expenses shall be 
paid out of the Department of Transpor- 
tation's budget. Those members of the 
Council who are State employees shall 
receive travel and subsistence in accord- 
ance with N.C.G.S. 138-6. Those mem- 
bers of the Council who are not State 
employees shall receive travel and 
subsistence in accordance with N.C.G.S. 
138-5. Those members of the Council 
who are also members of the General As- 
sembly shall receive travel and subsistence 
in accordance with N.C.G.S. 
120-3. 1(a)(2) -.(4), 

No per diem will be paid to any council 
member. 

Section 7. Effective Date. This order 
shall be effective immediately. 

Done in Raleigh, North Carolina this the 
18th day of September, 1990. 



897 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

lyotice is hereby given in accordance with G.S. 
I SOB- 12 that the Commission for Mental Health, 
Developmental Disabilities and Substance Abuse 
Services intends to amend rule(s) cited as 10 
NCAC 14K .0/03, .0327; 14M .0101, .0401; 14N 
.0701, .0703; 18D .0117 - .0119, .0121, .0208; 
18M .0801 - .0802; 18Q .0713, .0812; repeal 
rule(s) cited as 10 NCAC 14K .0311, .0330 - 
.0332; 14N .0702; 18M .0823; adopt rule(s) cited 
as 10 NCAC 14N .0901 - .0905; 18D .0216 - 
.0217; 18L .0433 - .0434; 18X1 .0817, .0825 - 
.0838; and renumber rule(s) cited as 10 NCAC 
18X1 .0817 - .0823. 

1 he proposed effective date of this action is 
February 1, 1991. 

1 he public hearing will be conducted at 1:00 
p.m. on November 14, 1990 at the Holiday Inn 
North, 3050 University Parkway, Winston-Salem, 
NC 27105. 

Comment Procedures: Any interested person 
may present his/her comments by oral presentation 
or by submitting a written statement. Persons 
wishing to make oral presentations should contact 
Marilyn Brothers, Division of Xlental Health, De- 
velopmental Disabilities and Substance Abuse 
Services, 325 N. Salisbury St., Raleigh, NC 
27603, (919) 733-4774 by November 13. 1990. 
The hearing record will remain open for written 
comments from October 15. 1990 through No- 
vember 13, 1990. Written comments must be sent 
to the above address and must state the rule(s) to 
which the comments are addressed. Fiscal infor- 
mation on these Rules is also a\-ailable from the 
same address. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SLBCHAPTER 14K - CORE LICENSLRE RLLES 

FOR MENTAL HEALTH: MENTAL 

RETARDATION AND OTHER 

DEVELOPMENTAL DISABILITIES: AND 

SLBSTANCE ABLSE FACILITIES 

SECTION .0100 - GENERAL INFORMATION 

.0103 DEFINITIONS 

(c) The following terms shall have the 
meanings specified: 

(4?) "Isolation timo out" moano the removal 
&f a cli e nt from positive reinforcomont te- 
a ooparato room from which e*i* is barred 



b«t which » net- lock e d a»4 whoro thoro 
is continuous supervision by staff. 

(47) (4£) "Legend drug" means a drug that 
cannot be dispensed without a pre- 
scription. 

(48) (49} "License" means a permit to operate 
a facility which is issued by DFS under 
G.S. 122C, Article 2. 

(49) (40) "Medication" means a substance re- 
cognized in the official "United States 
Pharmacopoeia" or "National 
Formulary" intended for use in the diag- 
nosis, mitigation, treatment or prevention 
of disease. 

(50) (444 "Minor client" means a person under 
1 8 years of age who has not been married 
or who has not been emancipated by a 
decree issued by a court of competent ju- 
risdiction or is not a member of the armed 
forces. 

(51) (£34 "Neighborhood" - See "residential 
setting". 

(52) (4$) "Nurse" means a person licensed to 
practice in the State of North Carolina 
either as a registered nurse or as a licensed 
practical nurse. 

(53) (44) "Operator" means the designated 
agent of the governing body who is re- 
sponsible for the management of a 
licensable facility. 

( 54) (44^ "Parent" means the biological or 
adoptive mother or father of a minor cli- 
ent or person who has been appointed to 
serve as a surrogate parent. 

(55) (44) "Physical examination" means the 
procedures used by a physician or physi- 
cian extender on behalf of a physician to 
determine the physiological and anatom- 
ical condition of the client. Physical ex- 
amination also means medical 
examination. 

(56) (42) "Physician extender" means a nurse 
practitioner or a physician assistant ap- 
proved to perform medical acts by the 
Board of Medical Examiners of the State 
of North Carolina. 

(57) (48) "Preschool age child" means a child 
from three through five years of age. 

(58) (49) "Private facility" means a facility not 
operated by or under contract with an 
area program. 

(59) (60) "Program evaluation" means the 
systematic documented assessment of 
program activity to determine the effec- 
tiveness, efficiency and scope of the sys- 
tem under investigation, to define its 
strengths and weaknesses and thereby to 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



S9S 



PROPOSED RULES 



provide a basis for informed decision- 
making. 

(60) (64} "Provider" means an individual, 
agency or organization that provides 
mental health, mental retardation or sub- 
stance abuse services. 

(61) (65} "Psychiatric nurse" means an indi- 
vidual who is licensed to practice as a 
registered nurse in the State of North 
Carolina by the North Carolina Board of 
Nursing and who is a graduate of an ac- 
credited master's level program in psychi- 
atric mental health nursing with two years 
of experience, or has a master's degree in 
behavioral science with two years of 
supervised clinical experience, or has four 
years of experience in psychiatric mental 
health nursing. 

(62) (43-^ "Psychiatric social worker" means an 
individual who holds a master's degree in 
social work from an accredited school of 
social work and has two years of clinical 
social work experience. 

(63) (-64} "Psychiatrist" means an individual 
who is licensed to practice medicine in the 
State of North Carolina and who has 
completed an accredited training program 
in psychiatry. 

(64) f&H "Psychotherapy" means a form of 
treatment of mental illness or emotional 
disorders which is based primarily upon 
verbal or non-verbal communication with 
the patient. Treatment is provided by a 
trained professional for the purpose of re- 
moving or modifying existing symptoms, 
of attenuating or reversing disturbed pat- 
terns of behavior, and of promoting posi- 
tive personality growth and development. 

(65) (-66} "Psychotropic medication" means 
medication with the primary function of 
treating mental illness, personality or be- 
havior disorders. These medications in- 
clude, but are not limited to, 
antipsychotics, antidepressants, 
neuroleptics, lithium and minor 
tranquilizers. 

(66) (63} "Qualified alcoholism professional" 
means an individual who is certified by 
the North Carolina Substance Abuse 
Professional Certification Board or who 
is a graduate of a college or university with 
a baccalaureate or advanced degree in a 
human service related field with doc- 
umentation of at least two years of super- 
vised experience in the profession of 
alcoholism counseling. 

(67) (6&+ "Qualified developmental disabilities 
professional" means an individual holding 



at least a baccalaureate degree in a disci- 
pline related to developmental disabilities, 
and at least two years of supervised 
habilitative experience in working with the 
mentally retarded or otherwise develop- 
mentally disabled or holding a 
baccalaureate degree in a field other than 
one related to developmental disabilities 
and having three years of supervised ex- 
perience in working with the mentally re- 
tarded or otherwise developmentally 
disabled. 

(68) (60} "Qualified drug abuse professional" 
means an individual who is certified by 
the North Carolina Substance Abuse 
Professional Certification Board or who 
is a graduate of a college or university with 
a baccalaureate or advanced degree in a 
human service related field with doc- 
umentation of at least two years of super- 
vised experience in the profession of drug 
abuse counseling. 

(69) (W4 "Qualified mental health 
professional" means any one of the fol- 
lowing: psychiatrist, psychiatric nurse, 
practicing psychologist, psychiatric social 
worker, an individual with at least a mas- 
ter's degree in a related human service 
field and two years of supervised clinical 
experience in mental health services or an 
individual with a baccalaureate degree in 
a related human service field and four 
years of supervised clinical experience in 
mental health services. 

(70) 474} "Qualified nutritionist" means an in- 
dividual who has a Master's degree in nu- 
trition, nutrition education or public 
health nutrition and who may or may not 
be a registered dietitian. 

(71) 474} "Qualified substance abuse profes- 
sional" means an individual who is: 

(A) certified by the North Carolina Sub- 
stance Abuse Professional Certification 
Board; or 

(B) a graduate of a college or university 
with a baccalaureate or advanced degree 
in a human service related field with doc- 
umentation of at least two years of super- 
vised experience in the profession of 
alcoholism and drug abuse counseling. 

(72) 443} "Registered dietitian" means an indi- 
vidual who has successfully completed a 
national examination for the Commission 
on Dietetic Registration and maintains 
registration with that commission through 
approved continuing education activities 
and events. 



S99 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



(73) {34) "Rehabilitation" means training, care 
and specialized therapies undertaken to 
assist a client to reacquire or maximize 
any or all lost skills or functional abilities. 

(74) {3S) "Research" means inquiry involving 
a trial or special observation made under 
conditions determined by the investigator 
to confirm or disprove an hypothesis, or 
to explicate some principle or effect. The 
term "research" as used in this document 
means research which is not standard or 
conventional; involves a trial or special 
observation which would place the subject 
at risk for injury (physical, psychological 
or social injury), or increase the chance 
of disclosure of treatment; utilizes ele- 
ments or steps not ordinarily employed 
by qualified professionals treating similar 
disorders of this population; or is a type 
of procedure that serves the purpose of 
the research only and does not include 
treatment designed primarily to benefit the 
individual. 

(75) {34) "Residential setting" means a living 
area or zone in which the primary purpose 
is family residential living and which may 
be located in an area zoned either urban 
residential or rural. 

(76) {33) "Respite discharge" means that point 
in time when no additional incidents of 
respite service are anticipated and the cli- 
ent record is closed. 

(77) {3%) "Respite episode" means an uninter- 
rupted period of time during which a cli- 
ent receives respite services. The episode 
may vary in length from one hour or less 
to one month. 

{39) "Restraint" moano the limitation e£ a 
client o froodom &f movomont byr 

(A} physical hold fof the purpose ef sub 
duing the client; 

(©} "m e chanical restraint" which is the «se 
ef mechanical devices fop the purpose ef 
controlling behavior including, b+rt- net- 
limited to? cuffs, ankle straps, shoots, Bf 
restraining shirts; »f 

fG) "protective r e straint" which is the wee 
of protoetivo dovicos t» provide oupport 
»»4 safety fof w e ak em4 fooblo clients, e* 
te- prevent medically iU clients from re- 
moving intrav e nous tub e s, indwelling 
catheters, cardiac monitor e lectrodes, eter 
Such devices may- include posey vosts, 
gori chairs, table tep chairs ef seft ties? 
f£Q+ "R e strictiv e facility" moans a facility 
which e mploys the «se ef mechanical Fe- 
straint e* soclusion m order to restrict a 
client's froodom ef movomont. A judicial 



determination as specifi e d m G.S. 
122C 223 a*4 G&r 122C 232 is required 
fof minor clients and incompetent adult 
clionts who a*e admitted to- a restrictive 
facility. 

(78) f84} "Screening" means an assessment 
service which provides for a brief face-to- 
face appraisal of each individual who pre- 
sents himself for services, in order to 
determine the nature of the individual's 
problem and his need for services. 
Screening may also include referral to 
other appropriate community resources. 

(S3) "Soclusion" moans isolating a client m a 
separate locked room fof the purpose ef 
controlling a client's bohavior. 

(79) {&!) "Secretary" means the Secretary of 
the Department of Human Resources or 
designee. 

(80) (&4) "Severely physically disabled 
person" means for the purpose of ADAP 
(Adult Developmental Activity Program) 
a person: 

(A) who has a severe physical disability 
which seriously limits his functional ca- 
pabilities (mobility, communication, self- 
care, self-direction, work tolerance or 
work skills); 

(B) who has one or more physical disabili- 
ties resulting from amputation, arthritis, 
blindness, cancer, cerebral palsy, cystic 
fibrosis, deafness, heart disease, 
hemiplegia, hemophilia, respiratory or 
pulmonary dysfunction, multiple sclerosis, 
muscular distrophy, musculoskeletal dis- 
orders, neurological disorders (including 
stroke and epilepsy), paraplegia, 
quadriplegia, and other spinal cord condi- 
tions, sickle cell anemia and end stage 
renal disease; and 

(C) whose habilitation or rehabilitation can 
be expected to require multiple habili- 
tation or rehabilitation services over an 
extended period of time. 

(81) f&4) "Sheltered employment" means a fa- 
cility's provision of work and work train- 
ing by: 

(A) subcontracting from industries in the 
community and bringing work to the fa- 
cility to be performed; or 

(B) manufacturing its own products in the 
facility. 

Clients served in a sheltered employment 
model are those who consistently achieve 
earning levels exceeding one-half of the 
minimum wage but who are not ready for 
independent employment activities. 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



900 



PROPOSED RULES 



(82) (£64 "Staff member" means any individual 
who is employed by the facility. 

(83) I^J-f ''Substantially mentally retarded per- 
son" means for the purpose of ADAP a 
person who is mentally retarded to the 
degree of seriously limiting his functional 
capabilities, whose habilitation or rehabil- 
itation can be expected to extend over a 
period of time, and including: 

(A) moderately mentally retarded persons; 

(B) severely mentally retarded persons; 

(C) profoundly mentally retarded persons; 
or 

(D) mentally retarded persons with a 
handicapping condition so severe as to 
lack the potential for employment at this 
time, either in a sheltered or competitive 
setting. In addition, such individuals 
must have a deficit in self-help, commu- 
nication, socialization or occupational 
skills and be recommended by the voca- 
tional rehabilitation counselor for consid- 
eration of placement in an ADAP. 

(84) (88) ''Support services" means services 
provided to enhance an individual's 
progress in his primary 
treatment habilitation program. 

(85) f&£4 "Supported employment" means a 
day night service which involves paid 
work in a job which would otherwise be 
done by a non-disabled worker. Sup- 
ported employment is carried out in an 
integrated work site where a small number 
of people with disabilities work together 
and where the work site is not imme- 
diately adjacent to another program serv- 
ing persons with disabilities. It includes 
intensive involvement of staff working 
with the individuals in these integrated 

. settings. 

(86) (96) "Toddler" means an individual from 
one through three years of age. 

(87) (344 "Treatment" means the process of 
providing for the physical, emotional, 
psychological and social needs of clients 
through services. 

(SS) fi3-f "Twenty-four hour facility in which 
medical care is an integral component" 
means a facility in which: 
(A) the medication needs of clients may be 
evaluated, medication prescribed and lab- 
oratory tests ordered to assist in the diag- 
nosis, treatment and monitoring of 
problems associated with the mental 
health, mental retardation or other devel- 
opmental disabilities or substance abuse 
disorder of clients: and 



(B) proper referral of the client is made to 
medical specialists when needed. 

Statutory Authority G.S. 12-2C-3; 122C-26; 
143B-147. 

SECTION .0300 - FACILITY AND PROGRAM 
MANAGEMENT 

.031 1 MANAGING CLIENTS' FUNDS IN 
24-HOUR FACILITIES (REPEALED) 

Statutory Authority G.S. 122C-26; 143B-147. 

.0327 COMPLIANCE WITH CLIENTS' 
RIGHTS STATUTES 

(a) The governing bodv Each facility shall have 
develop and implement policies and procedures 
that ensure compliance with client rights re- 
quirements as specified in 10 NCAC 14P. Q, R 
and S, Division publication CLIENT RIGHTS 
IN COMMUNITY MENTAL HEALTH. DE- 
YELOPMENTAL DISABILITIES AND SUB- 



STANCE ABUSE SERYICES. APSM 95-2 
(02 01 91 ). to ensure tfee righto ef clients. The^e 
procedure - ; , shall be m accordance v4to. tfee fe4- 
lowing statut e s, as applicable: 
(-44 Gt&t 122C 51. Declaration ef policy ©» 

cliento' rights: 
(2} G^ 122C 52. fcekt to confidentiality: 
(4) Gt£t 122C 53. Exceptions: efeft^ 
(4) GrSrr 122C 5 1. Exceptions: abuse reports 

a«4 court proceedings; 
(-54 GtSt 122C 55. Exceptions: e*j=e as4 

treatment: 
(6) GtSt 122C 56. Exceptions; research asto. 

planning; 
(-34 &rSr "l22C 57. Paght to treatment *h4 

consent to treatment: 
(8) GtSt 122C 5S. C*¥4 rights aa4 si*i4 reme 

@) Q^ 122C 59. ¥*e &i corporal punish 

ment: 
<4&> Gt£t 122C 60. \r^ &f physical restraints 

&f seclusion: 
(44^ GtSt 122C 61. Treatment Hghte » 

21 hour facilities; 
(40+ QS^ 122C 62. Additional fighfe » 

2 1 hour facilities; 
^ QSr 122C 65. Offenses relating to clients; 
(444 G.S. 122C 66. Protection from abuse aa4 

exploitation; reporting; a»4 
(44+ QSr 13QA 1 13. Confidentiality ef mtofr- 

mation regarding communicable diseases 

a«4 conditions. 
(b) The governing bodv shall develop and im- 
plement additional policies and procedures nec- 
essary to ensure compliance with North Carolina 
General Statutes 122C-51 through 122C-62. 



901 



5:14 \ORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



122C-65, 122C-66 and 130A- 143, in each of its tified as an Intermediate Care Facility for the 



facilities. 

Statutory Authority G.S. 122C-26; 122C-51 
through 122C-62; 122C-65; 122C-66; 130A-143; 
143B-147. 

.0330 USE OF MECHANICAL RESTRAINT 
OR SECLUSION (REPEALED) 

.0331 USE OF ISOLATION TIME-OUT 
(REPEALED) 

.0332 USE OF PROTECTIVE RESTRAINT 
(REPEALED) 

Statutory Authority G.S. 122C-26; 122C-51; 
122C-53; 122C-60; 13IE-67; 143B-I47. 

SUBCHAPTER I4M - LICENSURE RULES FOR 

MENTAL RETARDATION/DEVELOPMENTAL 

DISABILITIES FACILITIES 

SECTION .0100 - SPECIALIZED COMMUNITY 

RESIDENTIAL CENTERS FOR INDIVIDUALS 

WITH MENTAL RETARDATION OR OTHER 

DEVELOPMENTAL DISABILITIES 

.0101 SCOPE 

A specialized community residential center is a 
facility which provides care, treatment and de- 
velopmental training for mentally retarded or 
otherwise developmental^ disabled, multi- 
handicapped individuals, children, adolescents. 
or adults, over an extended period of time, 
through integration of medical services and close 
supervision. The service is designed to assist 
each individual to attain his highest level of in- 
dependent living skills while receiving care for his 
physical needs. This facility may be certified for 
Medicaid as an Intermediate Care Facility for the 
Mentally Retarded (ICF/MR). 

Statutory Authority G.S. 122C-26; 143B-147. 

SECTION .0400 - GROUP HOMES FOR 

CHILDREN WITH MENTAL RETARDATION 

OR OTHER DEVELOPMENTAL DISABILITIES 

.0401 SCOPE 

A group home for children with mental retar- 
dation or other developmental disabilities is a 
residential facility which provides a normalized 
home environment for children who are not liv- 
ing with their families. This facility is designed 
to assist each child in residence to attain his 
highest level of independent living skills through 
developmental training integrated with family 
and community activities to prepare the child for 
residence with his own family or other less re- 
strictive environment. This facility mav be cer- 



Mentallv Retarded (ICF/MR). 

Statutory Authority G.S. 122C-26; I43B-147. 

SUBCHAPTER I4N - LICENSURE RUUES FOR 
SUBSTANCE ABUSE FACILITIES 

SECTION .0700 - OUTPATIENT FACILITIES 

FOR INDIVIDUALS WHO ARE SUBSTANCE 

ABUSERS 

.0701 SCOPE 

fa) Outpatient is a periodic service for individ- 
uals who abuse alcohol or other drugs. Outpa- 
tient services include individual, group, family, 
educational and vocational counseling. /Ml sub- 
stance abuse clients must be detoxified prior to 
admission to an outpatient facility other than 
outpatient detoxification services where available. 

fb-)- Intensive outpatient is a periodic sorvioo fef 
individuals who need moro intensive? treatment 
fof substance abuse b«t who e4» He+ need resi 
dential treatment. Intensive outpatient services 
shall have structured programs, including indi 
vidua], group aft4 family counseling, recreational 
th e rapy, peef groups, substance abuse a«4 life 
skills education. Fach intensive outpatient client 
must participate i» the service a minimum ef five 
hours pef week. 

Statutory Authority G.S. I22C-26; 143B-147. 

.0702 HOURS OF OPERATION FOR 

INTENSIVE OUTPATIENT FACILITY 
(REPEALED) 

Statutory Authority G.S. 122C-26; 143B-147. 

.0703 STAFF REQUIRED 

fa} The services of a certified alcoholism coun- 
selor, a certified drug abuse counselor or a certi- 
fied substance abuse counselor shall be available 
on an as-needed basis to each client. 

fb} ¥he staff &f a» intensive outpatient facility 
shall include a minimum e^f e*«e full time #f 
equivalent c e rtified alcoholism, drug abuse ef 
substance abus e counselor fof evety 44 e*f f e w e r 
clients. 

/ .'■ \ I T 1 \-\ . i t ■ i . ■! 1 i i \ : I ■ 1 1 1 f t-» . iI.mt' t b.i r-iriii'.'iiK,i,l i-m t ■ Q 

\ *- / »r I I IT." rnrTTTTT TTTTTTT L'LIU T? I 1 l\J nTTTTTPTTTr rTTTTTT 

ift Paragraph fb) e^f thi* Rule, an4 cannot meet 
the prescribed ratio by employing a counselor 
who is certified, then it may employ a» unoerti 

li i.l ,'Aimi-^lnr ■-■ •.-• l.iiiii ■"■ .- t II i Q m.'lii • i .1 nil *-»-» ,\. \-t Q * \~. a 
1 (CO C7TTTTTTT7CTT7T CTTT rTTTTT^ UT3 TTTT? 111U1 f HI U 111 1 1 tOC I 3 I 1 IU 

certification requirements within a maximum ef- 
36 months from the e4ate ef employment. 

Statutory Authority G.S. 122C-26; MSB- 147. 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



902 



PROPOSED RULES 



SECTION .0900 - DAY TREATMENT 

FACILITIES FOR INDIVIDUALS WHO ARE 

SUBSTANCE ABUSERS 

.0901 SCOPE 

(a) Day treatment sendees are day/night ser- 
vices provided in a group setting for individuals 
with substance abuse problems. A day treatment 
facility shall only provide detoxification services 
if the facility also meets the requirements of 10 
NCAC 14N .0400. 

(b) Day treatment is provided for individuals 
who need more structured treatment for sub- 
stance abuse than that provided by outpatient 
treatment, and may serve as an alternative to a 
24 hour treatment program. Day treatment ser- 
vices, other than detoxification, shall have struc- 
tured programs, including individual, group, and 
family counseling, recreational therapy, peer 
groups, substance abuse education, life skills ed- 
ucation, and continuing care planning. 

(c) A client enrolled in a day treatment service 
shall be provided a structured program of treat- 
ment for a minimum of five hours or more per 
week. The number of hours per day, the number 
of days per week, and the number of weeks of 
treatment will vary specific to the individual cli- 
ent's needs. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0902 HOURS OF OPERATION FOR THE 
DAY TREATMENT FACILITY 

Each day treatment facility shall operate at least 
three days per week, but not fewer than 12 hours 
per week, 12 months per year. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0903 STAFF REQUIRED 

(a) The staff of the day treatment facility shall 
include a minimum of one full-time or equivalent 
certified alcoholism, drug abuse or substance 
abuse counselor for every 16 or fewer clients. 

(b) If the facility falls below the prescribed ratio 
in Paragraph (a) of this Rule, and cannot meet 
the prescribed ratio by employing a counselor 
who is certified, then it may employ an uncerti- 
fied counselor as long as this individual meets the 
certification requirements within a maximum of 
26 months from the date of employment. 

(c) In facilities which provide services to mi- 
nors, a minimum of two staff members shall be 
present with minor clients at all times, and a 
minimum ratio of one staff member to each eight 
or fewer clients shall be maintained. In the event 
that only one minor client is in the facility, only 
one staff member is required to be present. 



Statutory Authority G.S. 122C-26; 143B-147. 

.0904 STAFF TRAINING 

(a) Each facility staff member shall have a 
training plan completed annually and docu- 
mented along with documentation of attendance 
at training events. 

(b) Each facility shall have at least one staff 
member on duty trained in the following areas: 

(1) cardio -pulmonary resuscitation; 

(2) seizure management; 

(3) the Heimlich maneuver or other Red 
Cross first aid techniques for relieving 
airway obstructions; 

(4) basic first aid; 

(5) alcohol and other drug withdrawal symp- 
toms; 

(6) medication education and administration; 
and 

(7) symptoms of secondary complications to 
alcoholism and drug addiction. 

(c) Each direct care staff member shall receive 
continuing education to include understanding 
of the nature of addiction, the withdrawal syn- 
drome, group therapy, family therapy and other 
treatment methodologies. 

(d) Each direct care staff member in a day 
treatment facility that serves minors shall receive 
specialized training in youth development and 
therapeutic techniques in working with youth. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0905 EMERGENCY MEDICAL SERVICES 

Each facility shall have and implement written 
procedures for handling medical emergencies. 
These procedures shall include provisions for the 
following: 

(1) immediate access to a physician; 

(2) acute care hospital services; and 

(3) assistance from a local ambulance service, 
rescue squad, or other trained medical per- 
sonnel within 20 minutes of the facility. 

Statutory Authority G.S. 122C-26; 143B-147. 

CHAPTER 18 - MENTAL HEALTH: OTHER 
PROGRAMS 

SUBCHAPTER 18D - CONFIDENTIALITY 
RULES 

SECTION .0100 - GENERAL RULES 

.0117 PURPOSE AND SCOPE 

(a) The purpose of the rules in this Subchapter 
is to set forth requirements for those who collect, 
store and disseminate information on individuals 
who are served by area and state facilities. The 



903 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



rules shall be used in conjunction with the 
confidentiality requirements specified in G.S. 
122C-51 through 122C-56. 
(b) Area and state facilities governed by these 
Rules include offices of the Division; regional 
psychiatric hospitals, mental retardation centers 
and alcoholic rehabilitation alcohol and drug 
abuse treatment centers; state special care centers; 
schools for emotionally disturbed children; area 
programs and their contract agencies; and other 
public and private agencies, institutions or pro- 
grams which are operated by or contract with the 
Division for Mental Health, Montal Retardation 
Developmental Disabilities or Substance Abuse 
Services. All employees, students, volunteers or 
other individuals who have access to or control 
over confidential information in these facilities 
or programs shall abide by these Rules. How- 
ever, local hospitals that are accredited by the 
Joint Commission on Accreditation of Hospitals 
(JCAII) Healthcare Organizations (JCAHO) 
which contract with an area facility or provide 
services for a state facility shall be excluded from 
these Rules and the confidentiality policies of 
that accredited hospital shall apply. In addition, 
education records generated by Alcohol and 
Drug Education Traffic Schools (ADETS) and 
Drug Education Schools (DES) are excluded 
from these Rules since the records maintained 
by such schools are considered public records. 

Statutory Authority G.S. 122C-52; 131E-67; 
J 43 B- 1 47. 

.0118 GENERAL PROVISIONS 

(a) Area or state facilities or individuals with 
access to or control over confidential information 
shall take affirmative measures to safeguard such 
information. 

(b) Confidential information may not be re- 
leased or disclosed except in accordance with 
G.S. 122C-51 through 122C-56 and the rules in 
this Subchapter. 

(c) Confidential information regarding sub- 
stance abusers shall be released or disclosed in 
accordance with the federal rulos regulations 42 
C.F.R. Part 2, "Confidentiality of Alcohol and 
Drug Abuse Patient Records", unless the rules in 
this Subchapter are more restrictive in which case 
the rules in this Subchapter shall be followed. 

(d) Confidential information regarding infants 
and toddlers receiving early intervention services 
who have or who are at risk for atypical devel- 
opment, developmental delay or developmental 
disability shall be released or disclosed in ac- 
cordance with the federal regulations 34 C.F.R. 
Part 300, Subpart E, Sections 300.560 through 
300.575, unless the rules in this Subchapter are 



more restrictive in which case the rules in this 
Subchapter shall be followed. 

(e) (44 Questions regarding interpretation of 
these Rules shall be directed to the Client Re- 
cords Coordinator » tke Client Information 
Branch Consultant in the Institution Manage- 
ment Support Section of the Division. Whon 
»vef noccooary, the Client Records Coordinator 
shall procooo a»y request fof a» official opinion 
from tke Attorney General's office. The Cli e nt 
Records Coordinator shall maintain copies ©f 
official opinions from tke Attorney General's e£- 
fiee relative te those Rules. 

Statutory Authority G.S. I22C-52; 131E-67; 
143B-147; 1 SOB- 14. 

.0119 DEFINITIONS 

(a) The following terms shall have the 
meanings specified in G.S. 122C-3, a«4 122C-4 
and 122C-53: 

( 1) "Area board", 

(2) (44 "Area facility", 

(3) (-3) "Confidential information", 

(4) (44 "Guardian", 

(5) "Internal client advocate", 

(6) (-4) "Legally responsible person", 
(2i^> "Next of kin", 

(8) (6} "Provider of support services", m*4 

(9) "Secretary", and 
(10) (34 "State facility". 

(b) As used in this Subchapter, unless the 
context clearly requires otherwise, the following 
terms have the meanings specified: 

(1) "Client Record" means any documenta- 
tion made of confidential information. 
For the purpose of the rules in this Sub- 
chapter, this also includes confidential in- 
formation generated on an individual who 
was not admitted but received a service 
from an area or state facility. 

(2) "Clinical Staff Member" means a mental 
health, m e ntal retardation developmental 
disabilities or substance abuse professional 
who provides active treatment, habilitation 
to a client. 

(3) "Confidential information" as defined in 
G.S. 122C-3 includes but is not limited to 
photographs, videotapes, audiotapes, cli- 
ent records, reimbursement records, verbal 
information relative to clients served, cli- 
ent information stored in automated files, 



and clinical staff member client files 



(4) (44 "Delegated Employee" means anyone 
designated by the facility head to carry out 
the responsibilities established by the rules 
in this Subchapter. 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



904 



PROPOSED RULES 



(5) (4f "Disclosure of Information" means the 
dissemination of confidential information 
without consent. 

(6) "Division" means Division of Mental 
Health, Developmental Disabilities and 
Substance Abuse Services. 



LSI 



(7) (4-^ "Minor Client" means a person under 
1 8 years of age who has not been married 
or who has not been emancipated by a 
decree issued by a court of competent ju- 
risdiction or is not a member of the armed 
forces. 

£6) "Parent" means the biological or 
adoptive mother or father of a minor. 
Whenever "parents" are legally separated 
or divorced or have never been married, 
the "parent" legally responsible for the 
minor shall be the "parent" granted cus- 
tody or either parent when joint custody 
has been granted. 

(9) f7^ "Person Standing in Loco Parentis" 
means one who has put himself in the 
place of a lawful parent by assuming the 
rights and obligations of a parent without 
formal adoption. 

(10) (£} "Release of Information" means the 
dissemination of confidential information 
with consent. 

(11) fty "Signature" means signing by affixing 
one's own signature; or by making one's 
mark; or impressing some other sign or 
symbol on the paper by which the signa- 
ture may be identified. 



Statutory Authority G.S. I22C-3; 
122C-52; 131E-67; I43B-147. 



122C-4: 



.0121 OWNERSHIP OF RKCORDS 

(a) All records, including those which contain 
confidential information which are generated in 
connection with the performance of any function 
of an area or state facility, are the property of the 
facility. 

(b) Original client records may be removed 
from an area or state facility premises only under 
the following conditions: 

(1) in accordance with a subpoena to produce 
document or object or other order of the 
court or when client records are needed 
for district court hearings held in accord- 



ance with Article 5 of Chapter 122C of the 
N.C. General Statutes; 

(2) whenever client records are needed for 
treatment habilitation or audit purposes, 
records may be transported within an area 
facility or between state facilities; 

(3) » lifo throati ' iiing » jituutiono, in situations 

where the facility determines it is not fea- 



sible or practical to copy the client record 
or portions thereof, client records may be 
securely transported to a local health care 
provider, provided the record remains in 
the custody of a delegated employee; 
(4) whenever a client expires at an area or 
state facility and an autopsy is to be con- 
ducted, the client record may be trans- 
ported to the agency wherein the autopsy 
will be performed provided the agency 
complies with Rule .0124 of this Sub- 
chapter. 

(c) Area facilities shall develop written policies 
and procedures regarding fees for the reprod- 
uction of client records. 

(d) Except as otherwise provided in this Rule, 
state facilities shall charge uniform fees for the 
reproduction of client records which do not ex- 
ceed the cost of reproduction, postage and han- 
dling. The uniform fee shall be tkgee dollars 
($3.00) five dollars ($5.00) for up to three pages 
and fifteen cents ($0.15) for each additional page. 
State facilities shall not charge for the reprod- 
uction of client records in the following types of 
situations: 

( 1 ) professional courtesy when records are re- 
quested by physicians, psychologists, hos- 
pital or other health care providers; 

(2) third party payors when the state facility 
will derive direct financial benefits; 

(3) providers of support services as defined in 
G.S. 122C-3; 

(4) attorneys representing the Attorney Gen- 
eral's office and Special Counsel; 

(5) other situations determined by the state 
facility to be for good cause; &f 

(6) when indigent clients request pertinent 
portions of their client records necessary 
for the purpose of establishing eligibility 
for SSI, SSADIB, Medicaid, or other le- 
gitimate aid; or 

(7) whenever state facilities utilize private 
photocopy services wherein the photo- 
copy service, rather than the state facility, 
bills the recipient of the information based 
on the usual and customary fee estab- 
lished by the copy service. 

Statutory Authority G.S. 122C-52; 122C-54; 
122C-224.3; 122C-268; 122C-2S6; 131E-67; 
143B-147. 

SECTION .0200 - RELEASE OF CONFIDENTIAL 
INFORMATION WITH CONSENT 

.0208 CONSENT FOR RELEASE 

(a) When consent for release of information is 
obtained by an area or state facility covered by 



905 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



the rules in this Subchapter, a Consent for Re- 
lease form containing the information set out in 
this Paragraph shall be utilized. The consent 
form shall contain the following information: 

(1) client's name; 

(2) name of facility releasing the information; 

(3) name of individual or individuals, agency 
or agencies to whom information is being 
released; 

(4) information to be released; 

(5) purpose for the release; 

(6) length of time consent is valid; 

(7) a statement that the consent is subject to 
revocation at any time except to the ex- 
tent that action has been taken in reliance 
on the consent; 

(8) signature of the client or the client's le- 
gally responsible person; 

(9) signature of individual witnessing consent; 
and 

(10) date consent is signed. 

(b) Unless revoked sooner by the client or the 
client's legally responsible person, a consent for 
release of information shall be valid for a period 
not to exceed one year however, except under the 
following conditions: 

( 1) a consent to continue established financial 
benefits shall be considered valid until 
cessation of benefits; or 

revocation e£ concent by the cli e nt »f eh- 
ent's legally responsible person. 

(2) a consent for release of information to the 
Division, Division of Motor Vehicles, the 
Court and the Department of Correction 
for information needed in order to rein- 
state a client's driving privilege shall be 
considered valid until reinstatement of the 
clients driving privilege. 

(c) fb4 A consent for release of information re- 
ceived from an individual or agency not covered 
by the rules in this Subchapter does not have to 
be on the form utilized by area or state facilities; 
however, the receiving area or state facility shall 
determine that the content of the consent form 
substantially conforms to the requirements set 
forth in this Rule. 

(d) fe} A clear and legible photocopy of a con- 
sent for release of information shall be considered 
to be as valid as the original. 

(e) Confidential information relative to a client 
with HIV infection, AIDS or AIDS related con- 
ditions shall only be released in accordance with 
G.S. 130A-143. Whenever authorization is re- 
quired for the release of this information, the 
consent shall specify that the information to be 
released includes information relative to HIV in- 
fection. AIDS or .AIDS related conditions. 



Statutory Authority G.S. J22C-52; I22C-53; 
130A-143; I31E-67; 143B-147. 

.0216 RELEASE TO AREA BOARD MEMBERS 

Area board members may have access to confi- 
dential information only upon written consent 
of the client or the client's legally responsible 
person or pursuant to other exceptions to 
confidentiality as specified in G.S. 122C-53 
through 122C-55. Area board members may 
have access to non-identifying client information. 

Statutory Authority G.S. I22C-52; 122C-53; 
13IE-67; I43B-147. 

.0217 RELEASE OF INFORMATION BY 
INTERNAL CLIENT ADVOCATES 

Upon request by the Secretary, internal client 
advocates may disclose to the Secretary or his 
designee confidential information obtained while 
fulfilling monitoring and advocacy functions. 



Statutory Authority G.S. 122C-53; 
143B-147. 



131E-67; 



SUBCHAPTER 18L - PROGRAM COMPONENT 
OPERATIONAL STANDARDS 

SECTION .0400 - CLIENT RIGHTS 

.0433 PROTECTION OF CLIENT RIGHTS 

(a) Each area program shall adopt policies and 
procedures to assure the protection of client 
rights for clients served by the area program and 
its contract agencies as specified in CLIENT 
RIGHTS IN COMMUNITY MENTAL 
HEALTH, DEVELOPMENTAL DISABILI- 
TIES AND SUBSTANCE ABUSE SER- 
VICES, APSM 95-2 (02/01/91), adopted in 
accordance with G.S. 150B- 14(c). 

(b) Clients of the area program and its contract 
agencies shall be informed of their rights and the 
procedures for appeal if they feel that their rights 
have been infringed. 

(c) Each staff member of the area program and 
of contract agencies shall be informed of client 
rights and procedures for their protection. 



Statutory Authority G.S. 
I22C-63; 1 43 B- J 47. 



122C-6I through 



.0434 CLIENT RIGHTS COMMITTEE 

(a) Each area board shall establish at least one 
Client Rights Committee. The area board shall 
also develop written policies and procedures 
which delineate: 

(1) composition, size, and method of ap- 
pointment of committee membership; 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



906 



PROPOSED RULES 



(2) training and orientation of committee 
members; 

(3) frequency of meetings; 

(4) conducting meetings and voting proce- 
dures to be followed; 

(5) identification of all area program compo- 
nents and contract agencies which utilize 
intervention procedures specified in CLI- 
ENT RIGHTS IN. COMMUNITY 
MENTAL HEALTH, DEVELOP- 
MENTAL DISABILITIES AND SUB- 
STANCE ABUSE SERVICES, APSM 
95-2 (02/01/91), Subchapter 14R, Section 
.0100; 

(6) monitoring the effectiveness of existing 
and proposed methods and procedures for 
protecting the rights of clients; 

(7) requirements for routine reports to the 
area board regarding seclusion, restraint 
and isolation time out; and 

(8) other operating procedures. 

(b) The Client Rights Committee shall oversee 
the implementation of the following client rights 
protections: 

(1) compliance with G.S. 122C, Article 3; 

(2) compliance with the provisions of Divi- 
sion publications CLIENT RIGHTS IN 
COMMUNITY MENTAL HEALTH. 
DEVELOPMENTAL DISABILITIES 
AND SUBSTANCE ABUSE SER- 
VICES, APSM 95-2 (02/01/91) and 
CONFIDENTIALITY RULES, APSM 
45-1 (0 11 086), adopted in accordance 
wrth G.S. 150B- 14(c); and 

(3) establishment of a review procedure for 
any of the following which may be 
brought by clients, client advocates, par- 
ents, guardians, staff or others: 

(A) client grievances; 

(B) alleged violations of the rights of indi- 
viduals or groups, including cases of al- 
leged abuse, neglect or exploitation: 

(C) concerns regarding the use of restrictive 
procedures; or 

(D) failure to provide needed services that 
are available in the area program. 

Nothing herein stated shall be interpreted to 
preclude or usurp the statutory authority of 
a county department of social services to 
conduct an investigation of abuse, neglect, 
or exploitation or the statutory authority of 
the Governor's Advocacy Council for Per- 
sons with Disabilities to conduct investi- 
gations regarding alleged violations of client 
rights. 

(c) The area board shall retain ultimate re- 
sponsibility for the assurance of client rights and 
shall select one or more of the following strate- 



gies for meeting the requirement for a Client 
Rights Committee that shall include consumer 
and family membership: 

( 1) The area board may elect to serve in spe- 
cial sessions as the Client Rights Com- 
mittee; 

(2) The area board may elect to establish a 
subcommittee of the Board to serve as the 
Client Rights Committee; or 

(3) The area board may elect to appoint one 
or more special Client Rights Advisory 
Committees to serve in an advisory ca- 
pacity to the area board. The Client 
Rights Committee shall not include any 
person employed by the area program or 
any of its contract agencies. 

(d) The Client Rights Committee shall main- 
tain minutes of its meetings and, if option (c)(2) 
or (c)(3) is selected, shall file at least an annual 
report of its activities with the area board. Cli- 
ents shall not be identified by name in neither 
minutes nor written or oral reports. 

(e) The area board may transfer to the Client 
Rights Committee the responsibility for the 
Intervention Advisory Committee, as specified in 
Division publications CLIENT RIGHTS IN 
COMMUNITY MENTAL HEALTH, DE- 
VELOPMENTAL DISABILITIES AND SUB- 
STANCE ABUSE SERVICES, APSM 95-2 
(02/01/91), adopted in accordance with G.S. 
150B- 14(c). 

Statutory Authority G.S. I22C-64; I43B-I47. 

SUBCHAPTER I8M - REQUIRED SERVICES 

SECTION .0800 - ADULT DEVELOPMENTAL 

ACTIVITY PROGRAMS (ADAP) FOR 

INDIVIDUALS WITH SUBSTANTIAL MENTAL 

RETARDATION, SEVERE PHYSICAL 

DISABILITIES OR OTHER SUBSTANTIAL 

DEVELOPMENTAL DISABILITIES 

.0801 SCOPE 

(a) An adult developmental activity program 
(ADAP) is a day night service which provides 
organized developmental activities for adults with 
substantial mental retardation, severe physical 
disabilities or other substantial developmental 
disabilities to prepare the individual to live and 
work as independently as possible. The activities 
and services of an ADAP are designed to adhere 
to the principles of normalization and commu- 
nity integration aimed at increasing age- 
appropriate actions, images, and appearance of 
the individual. 

(b) An ADAP offers a diverse variety of spe- 
cific services and activities. These include voca- 
tional evaluation, vocational training, 



907 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



remunerative employment, personal and com- 
munity living skill development, adult basic edu- 
cation and long-term support, follow-up and case 
management. Support services to clients' fami- 



lies and consultation with the clients 
and 



employers 
also be pro- 



other involved agencies may 
vided. training m tke cognitive, communication 
a&4 motor rikilln, as© e( loiouro time, vocational 
evaluation a«4 adjustment afi4 work activity 
training. The amount of time devoted to these 
areas varies considerably depending upon the 
needs of the clients served. 

(c) Support services to families and consulta- 
tion with other involved agencies may- is also be 
provided, included. 

(d) The rules contained in this Section are ap- 
plicable to three specific models of ADAP ser- 
vices as follows: 

(1) ADAP - Facility Based. The majority of 
the ADAP activities in this model, 
whether vocational or developmental in 
nature, are carried out on the premises of 
a site specifically designed for this pur- 
pose. 

ADAP - Supported Employment. The 
only ADAP services provided by the op- 
erator are those related to supported em- 
ployment. All of the training activities in 
this model occur in the setting at the lo- 
cation where the client actually works or 
lives, not in a specialized facility main- 
tained by the operator. 
ADAP - Supported Employment - Long- 
Term Support. Clients served in this 
model have successfully completed the 
intensive initial training phase of sir 



121 



(31 



ported employment which is sponsored 
bv and the responsibility of the Division 
for Vocational Rehabilitation Services. 
They 



are receiving those 
port services which 



Ions-term sup- 



Whatever the model provided, it is the ADAP 
service that is subject to certification, not the lo- 
cation of the business or organization where the 
client is placed for work. 

Statutory Authority G.S. I22C-26; 143B-147. 

.0802 COMPLIANCE REVIEW 

(a) An ADAP that is accredited by the Com- 
mission on Accreditation of Rehabilitation Fa- 
cilities (CARF) in the Activity Service track or 
an ADAP which also incorporates work activity 
training in its program and which is accredited 
by CARF in the Activity Service a»4 Personal 
and Social Adjustment, Supported Employment, 
Work Adjustment or Work Service tracks shall 
be reviewed for compliance with 10 NCAC 18K 
(Contract Agency Management Standards) and 
10 NCAC 18L (Program Component Opera- 
tional Standards) and with the provisions of this 
Section as follows: 

(1) Each ADAP which is operated by the area 
program shall comply with all of the 
standards delineated in 10 NCAC 18L; 
and each ADAP which is under contract 
with an area program shall comply with 
the standards delineated in 10 NCAC 18K 
and 10 NCAC 18L; and 

(2) Each ADAP, whether operated by the area 
program or under contract with an area 
program, shall be reviewed for compliance 
with the following rules in this Section: 
R«k* J^mh £%¥h ^^ M*^ ^w^ 
Rules .0817, .0818 and .0824. 

(b) The ADAP shall submit to the funding 
agency a copy of its most recent CARF Facilities 
Survey Report, and, if applicable, the Plan of 
Compliance and subsequent notice of CARF's 
acceptance of the correction(s) made in accord- 
ance with the plan. 



are targeted towards 
maintenance m the job and residential Statutory Authority G.S. 143B-147. 
setting and independent functioning in the 
community. These are services which are 



the responsibility of the Division. Exam- 
ples of such long-term support services 
include "refresher" vocational training to 
ensure that existing job skirls are not lost, 
training in new job performance expecta- 
tions, community living skill training, and 
consultation to other employees, employ- 
ers, and families, and residential program 
staff, 
(e) A single facility may operate more than one 
of these models. Rules .0817, .0818, .0819, .0824 
through .0835 are applicable to all three models. 
The remaining rules are applicable to the indi- 



vidual model as indicated in the rule catchlines. 



.0817 CLIENT ELIGIBILITY 

Clients served shall be eligible for ADAP 
grant-in-aid regardless of financial resources with 
the exception of a client whose work earnings 
exceed one-half the federal statutory minimum 
wage over a consecutive 90-day period. With 
prior approval of the appropriate area director 
or designee, clients who are participating in a 
supported employment program authorized by 
the Division may have earnings in excess of one- 
half the minimum wage. Eligibility for clients in 
non-supported employment settings whose 
earnings have exceeded over one-half the mini- 
mum wage for over 90 consecutive days may be 
extended for up to one calendar year if supported 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



90S 



PROPOSED RULES 



employment options are not available locally and 
the client is ineligible for other services from the 
Division of Vocational Rehabilitation, or if the 
client's social, behavioral or vocational skill defi- 
cits preclude participation in supported employ- 
ment options and results in ineligibility for other 
vocational rehabilitation services. The eligibility 
extension shall occur through the existing client 
recertification process carried out by the desig- 
nated area program qualified developmental dis- 
abilities professional (QDDP) as referenced in 10 
NCAC 18M .0800. Requests for the extension 
shall be based on a joint case review involving a 
representative of the involved ADAP, the local 
VR unit and the area program. The request shall 
identify the specific skill deficits precluding eligi- 
bility for supported employment or other voca- 
tional rehabilitation services and include plans for 
addressing these deficits. The certification ex- 
tension may be reapplied for a maximum of two 
times only. The same criteria and procedures 
shall be followed in each instance of reapplication 
as are required for the initial extension. 

Statutory Authority G.S. 122C-26: 143B-147. 

.08 IS ma ADMISSION CRITERIA-AND 
PROCEDURES 

(a) Each ADxAP shall have an admissions 
committee. 

(b) A pre-admission staffing shall be held for 
each client considered for admission to the 
ADAP. During the staffing, the committee shall 
consider information available regarding the cli- 
ent's medical, psychological and social histories. 

(c) Results of the pre-admission staffing shall 
be documented and forwarded to the referral 
agency. A representative of the ADAP admis- 
sions committee shall notify the client. 

(d) Each ADAP shall have written admission 
policies and procedures. These policies and 
procedures shall include at least the following: 

(1) Each client shall be referred to the Divi- 
sion of Vocational Rehabilitation Services 
with written documentation of this refer- 
ral. 

(2) A qualified mental retardation professional 
of the area program shall obtain a written 
recommendation from the vocational re- 
habilitation counselor recommending 
consideration for a placement in the 
ADAP. 

(3) A qualified developmental disabilities 
professional of the area program shall 
certify the eligibility of each client for the 
ADAP service taking into consideration 
at least the provision of (b), (d)(1) and (2) 
of this Standard. 



Statutory Authority G.S. 122C-51; 143B-147. 

.0819 jm% CLIENT HANDBOOK 

(a) Each ADAP shall have a client handbook 
including, but not limited to, information about 
services and activities. 

(b) The client handbook shall be written in a 
manner comprehensible to clients and reflective 
of adult status. 

(c) Each client shall be given a handbook and 
the handbook shall be reviewed with the client. 

Statutory Authority G.S. 122C-51; 143B-147. 

.0820 mv* SUSPENSIONS AND 

DISMISSALS 
.0821 ma CLIENT EVALUATION 

REPORT 
.0822 mU- INDIVIDUAL PROGRAM 

PLAN AND GOAL PLAN 

Statutory Authority G.S. 143B-147. 

.0823 ma CLIENT RE-EVALUATION AND 
CLIENT RECERTIFICATION 
(REPEALED) 

Statutory Authority G.S. 122C-51; 143B-147. 

.0824 ma ANNUAL ADAP ASSESSMENT 
Each ADAP shall conduct an annual internal 
assessment of the program s compliance with the 
standards and shall develop a written plan of 
action that addresses each identified deficiency. 

Statutory; Authority G.S. 122C-51; 143B-I47. 

.0825 PHYSICAL PLANT REQUIREMENTS 
Each ADAP facility not subject to licensure 

under G.S. 122C, Article 2 shall comply with the 

provisions of 10 NCAC 14M .0604. 

Statutory Authority G.S. 122C-26; 143B-I47. 

.0826 PROGRAM DIRECTOR 

Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0606. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0827 CLIENT EVALLATOR 

Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall complv with the 
provisions of 10 NCAC 14M .0608. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0828 ACTIVITIES AND SERVICES 



909 



5:14 SORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0609. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0829 SAFETY EDUCATIONAL PROGRAM 
Each ADAP facility not subject to licensure 

under G.S. 122C, Article 2 shall comply with the 

provisions of 10 NCAC 14M .0610. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0830 SAFETY COMMITTEE 

Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0611. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0831 BUSINESS PRACTICES 

Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0612. 

Statutory Authority G.S. 122C-26; 143B-I47. 

.0832 ACCIDENT REPORTING 

Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0613. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0833 PROMOTION OF CLIENTS' RIGHTS 
Each ADAP facility not subject to licensure 

under G.S. 122C, Article 2 shall comply with the 

provisions of 10 NCAC 14M .0614. 

Statutory Authority G.S. 122C-26; 143B-I47. 

.0834 USE OF PUBLIC TRANSPORTATION 
BY CLIENTS 

Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0615. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0835 SUSPENSIONS AND DISMISSALS 
Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0616. 

Statutory Authority G.S. 122C-26; I43B-147. 

.0836 FACILITY BASED ADAP: HOURS OF 
OPERATION 



Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0618. 

Statutory Authority G.S. 122C-26; 143B-147. 

.0837 FACILITY BASED ADAP: 
CLIENT/STAFF RATIOS 

Each ADAP facility not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0619. 

Statutory Authority G.S. 122C-26; 143B-I47. 

.0838 SUPPORTED EMPLOYMENT/LONG 
TERM SUPPORT: CLIENT/STAFF 
RATIOS 
Each ADAP /acuity not subject to licensure 
under G.S. 122C, Article 2 shall comply with the 
provisions of 10 NCAC 14M .0620. 

Statutory Authority G.S. I22C-26; 143B-147. 

SUBCHAPTER 18Q - GROUP HOMES FOR 

ADULTS WITH MENTAL RETARDATION OR 

OTHER DEVELOPMENTAL DISABILITIES 

SECTION .0700 - GROUP HOMES FOR 

ADUUTS WITH MENTAL RETARDATION OR 

OTHER DEVELOPMENTAL DISABILITIES 

.0713 CROSS-REFERENCE TO MANAGING 
CLIENTS' FUNDS 

(a) Each group home which is not subject to 
licensure under G.S. 122C, Article 2 shall comply 
with the requirements set- forth m +0 NCAC 4-444 
44*44. as specified in 10 NCAC 14S .0106, Di- 
vision publication CLIENT RIGHTS IN 
COMMUNITY MENIAL HEALTH. DE- 
VELOPMENTAL DISABILITIES AND SUB- 
STANCE ABUSE SERVICES. APSM 95-2 
(02 02 91). 

(b) Each client, when necessary, shall be pro- 
vided training in money management. 

Statutory Authority G.S. I43B-I47. 

SECTION .0800 - APARTMENT LIVING 

PROGRAMS FOR ADULTS WITH MENTAL 

RETARDATION OR OTHER 

DEVELOPMENTAL DISABILITIES 

.0812 CROSS-REFERENCE TO MANAGING 
CLIENTS' FUNDS 

Each apartment living program not subject to 
licensure under G.S. 122C, Article 2 shall comply 
with the requirements regarding manaeing cli- 
ents' funds dclinoatod m 44) NCAC 4444- 44444. 
as specified in _10 NCAC 14S .0106. Division 
publication CLIENT RIGHTS EN COMMU- 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



910 



PROPOSED RULES 



NITY MENTAL HEALTH, DEVELOP; 
MENTAL DISABILITIES AND 

SUBSTANCE ABUSE SERVICES, APSM 

95-2 (02 02 91). 

Statutory Authority G.S. I43B-147. 



****************** 



No 



otice is hereby given in accordance with G.S. 
150B-12 that the Department of Human 
Resources! Division of Medical Assistance intends 
to amend rule(s) cited as 10 NCAC 26B .0111 
and 10 NCAC 26H .0202. 

1 he proposed effective ■ date of this action is 
February 1. 1991.' 

1 he public hearing will be conducted at 1:30 
p.m. on November 14, 1990 at the North Carolina 
Division of Medical Assistance, 1985 U instead 
Drive, Room 201 , Raleigh, North Carolina 27603. 



Cc 



■ oinment Procedures: Written comments con- 
cerning this proposed amendment must be sub- 
mitted by November 14, 1990, to: Division of 
Medical Assistance, 1985 Umstead Drive, 
Raleigh, N.C. 27603, ATTN.: Bill Hottel, APA 
Coordinator. Oral comments may be presented 
at the hearing. In addition, a fiscal impact state- 
ment is available upon written request from the 
same address. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26B - MEDICAL ASSISTANCE 
PROVIDED 

SECTION .0100 - GENERAL 

.01 1 1 INPATIENT PSYCHIATRIC 
HOSPITAL SERVICES 

Treatment m a stato mental hoopital t» a person 

U I rCTTTTC — I I'Ur rCTTTT rTTTTTT U -' T LA.il J Ul US-V D 1 1 ILD l_'VJ 

covered, except as federal regulations provid e te 
the contrary. 

Inpatient psychiatric hospital services are coy-- 
ered in private psychiatric hospitals for services 
provided in beds licensed as inpatient psychiatric 
or substance abuse hospital beds and in State 
mental hospitals, for recipients under age 22 and 
over age 65 as defined in Social Security Act 19Q5 
(a) and (h) and 1861 (f). The admitting hospital 
is responsible for obtaining certification in ac- 
cordance with Subpart D of 42 CER 441. Ad- 
mission to all out of state psychiatnc hospitals 
including those enrolled as border psychiatric 



hospitals are subject to prior approval for neces- 
sity to go out of state. Services in out of state 
hospitals are provided only to the same extent 
and under the same conditions as medical ser- 
vices provided in North Carolina. 

Statutory Authority G.S. 108A-25(b); 108A-54. 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0200 - HOSPITAL INPATIENT 
REIMBURSEMENT PLAN 

.0202 RATE SETTING METHODS 

(a) An annual rate is determined for each hos- 
pital to be effective for dates of service beginning 
each July 1. Rates are derived from cost reports 
for a base-year period or from previous appeal 
decisions. The initial base-year is the cost- 
reporting period ending in 1981. Services pro- 
vided prior to July 1, 1986 are reimbursed at rates 
not to exceed the rates effective July 1, 1985. 

(b) The prospective rate is the sum of the op- 
erating rate component and the capital rate 
component. T4*e operating Fate component is 
determined by inflating M e dicaid bas e year ef»- 
e rating pef diem costs to the pate year. Operating 
coots include the e©s4 ef interns a«4 residents 
services. T4te Medicare limit »» hospital in pa 
tiont general routine operating costs cannot be 
exceeded » establishing Medicaid base year 
costs. The capital rate component is the higher 
of the base-year capital per diem costs or the 
most recent capital rate as adjusted upon previ- 
ous appeal. The base year capital cost per diem 
is computed bv dividing total capital costs allo- 
cated to inpatient services bv total inpatient days. 
The operating rate component is determined bv 
inflating the Medicaid base-year operating cost 
per diem U± the r.ite ve;tr. 1 tie base-\ear operat- 
ing cost per diem is computed bv subtracting the 
capital cost per diem from the total base-year 
Medicaid cost per diem. Base-year Medicaid 
costs include inpatient routine, special care, and 
ancillary services, malpractice insurance, interns' 
and residents' services, and other covered inpa- 
tient services. 



(c) Inflation factors for the operating rate 
components are based on the National Hospital 
Market Basket Index and the most recent actual 
and projected cost data available from the North 
Carolina Office of State Budget and Manage- 
ment. 

(d) This plan intends to encourage the use of 
lower-cost hospitals for routine illnesses. Hos- 
pitals with rates at or below the all-hospital mean 
will be reimbursed at the full prospective rate 
without day limits. Hospitals with rates higher 
than the mean rate of all hospitals will be reim- 



911 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



bursed at the full prospective rate up to an an- 
nual days limit. Days in excess of the limit will 
be reimbursed at the mean rate of hospitals be- 
low the all-hospital mean. 

(e) The prospective rate for a new hospital is 
set at the lower of: 

(1) The all-hospital mean rate; or 

(2) Seventy-five percent of the hospital's 
projected average gross inpatient revenue 
per day during the first year of operations. 

This provision applies to a hospital if a cost re- 
port covering at least twelve months of normal 
operations has not been filed. This rate is the 
base-year rate until a desk-reviewed cost report 
covering at least twelve months of normal oper- 
ations is available. 

(f) Out-of-state hospital services are reimbursed 
according to the rates established by the 
Medicaid Agency of the State in which the hos- 
pital is located. If a usable rate cannot be ob- 
tained, services are reimbursed at 75 percent of 
billed charges or a negotiated rate not to exceed 
reasonable cost. 

(g) The initial base-year for psychiatric hospi- 
tals is the cost reporting period ending in 19S9, 
or 1 990 if a full year cost report is available as of 
August 15, l c )90. The total base-year per diem 
cost for a hospital is limited to the statewide 
median per diem cost in the base-vear, excluding 
the amortization of start-up costs. The pro- 
visions of Rule .0202(d) do not apply to psychi- 
atric hospitals. State-operated hospitals are not 
included in the calculation of the statewide me- 
dian per diem cost. 

(h) To assure compliance with the separate 
upper payment limit for State-operated facilities, 
the hospitals operated by the Department of 
Human Resources will be reimbursed their rea- 
sonable costs in accordance with the provisions 
of the Medicare Provider Reimbursement Man- 



ual 

Authority G.S. l08A-25(b); 108A-54; I08A-55; 
S.L. 1985, c. 479, s. 86; 42 C.F.R. 447. Subpart 
C. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



iV otice is hereby given in accordance with G.S. 
1 50B- 12 that the Division of Em ironmental Man- 
agement (Environmental Management Commis- 
sion) intends to amend rules cited as 15.4 NCAC 
2B .0201, .0211 - .0212, .0216. 



1 he proposed effective dale of this action is 
March 1, 1991. 

1 he public hearing will be conducted at 2:00 
p.m. on November 16, 1990 at the Ground Floor 
Hearing Room, Archdale Building, 512 North 
Salisbury Street, Raleigh, North Carolina. 

Comment Procedures: Notice is hereby given 
of a public hearing to be held by the North 
Carolina Department of Environment, Health, and 
Natural Resources on behalf of the Environmental 
Management Commission (EMC) concerning 
modifications to the State's surface water quality 
classifications and standards rules as follows. 

This public hearing is being held for the purpose 
of receiving public comment on the proposals to 
modify surface water classifications and standards 
rules (Title 15A NCAC 2B .0201; .0211; .0212 
and .0216). The EMC previously had approved 
numerous changes to the subject rules during 1989. 
Most of these changes were made as part of a 
federally mandated review of water quality stand- 
ards that must be completed every three years, 
known as the Triennial Review. Changes to North 
Carolina's Antidegradation Policy, Fresh Surface 
Water and Tidal Saltwater Classifications and 
Standards rules, and the Outstanding Resource 
Waters rule (rules ISA NCAC 2B .0201, .0211, 
.02/2. and .0216, respectively) were adopted at 
the EMC's July 13, 1989 meeting. Additional 
changes to the Outstanding Resource Waters ride 
(I5A NCAC 2B .0216) were adopted at the Sep- 
tember 14, 1989 meeting. Several issues which 
were originally addressed during the public hear- 
ing proceedings for these rules changes have re- 
mained unresolved, as described briefly, below. 

There are three types of changes being proposed. 
The first type consists of simply correcting mis- 
takes, such as typographical errors, that have oc- 
curred during the rulemaking administrative 
process. The second type involves clarifying the 
EMC's clearly intended procedure for implement- 
ing marina requirements as was stated in the 
public record (but not in rides, at the time) during 
the rulemaking proceedings for reclassifying 
coastal Outstanding Resource Waters (see pro- 
posed amendments for the Outstanding Resource 
Waters nde, 15A NCAC 2B .02/6). The third 
type invokes clarifying existing procedures for 
implementing certain water quality standards, as 
discussed during ndemaking proceedings and as 
required for final approval of the standards by the 
U.S. Environmental Protection Agency [see pro- 
posed amendments for the Action Level rule, I5A 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



912 



PROPOSED RULES 



NCA C 2B .021 I (b) (4)]. In order to meet EPA 's 
schedule for approval of the proposed rule 
amendments, IT WILL BE NECESSARY FOR THE 
30 DAY PUBLIC NOTICE PERIOD PRIOR TO 
THE PLBLIC HEARING DATE TO SERVE ALSO 
AS THE PLBLIC COMMENT PERIOD. THIS 
REPRESENTS A CHANGE FROM THE ROU- 
TINE PROCEDURE USUALLY FOLLOWED BY 
THE EMC IN CONDUCTING RULEMAKING 
PUBLIC HEARINGS. CONSEQUENTLY, THE 
PUBLIC COMMENT PERIOD WIUL CLOSE ON 
NOVEMBER 19, 1990. The proposed amendments 
will not result in any changes in current policy or 
operating procedures. If adopted, these rules 
should become effective March 1 , 1991. 

Comments, data, statements and other informa- 
tion may be submitted in writing prior to the pub- 
lic hearing through November 19, 1990 
(inclusive), or may be presented orally at the 
hearing. So that all persons desiring to speak may 
do so, statements may be limited to three minutes 
at the discretion of the hearing officer. The stat- 
utory authority for these actions is as follows: 
N.C. General Statutes 143-2 14. 1; 215.3(a)(1) 
and (3) . Further information on the final pro- 
posals may be obtained by writing or calling; 
Gregory J. Thorpe, Ph.D.; Division of Environ- 
mental Management; P.O. Box 27687; Raleigh. 
North Carolina 27611; (919) 733-5083. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0200 - CLASSIFICATIONS AND 

WATER QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS OF NORTH CAROLINA 

.0201 ANTIDEGRADATION POLICY 

(d) The Commission shall consider the present 
and anticipated usage of High Quality Waters 
(HQW), including any uses not specified by the 
assigned classification (such as outstanding na- 
tional resource waters or waters of exceptional 
water quality) and will not allow degradation of 
the quality of High Quality Waters below the 
water quality necessary to maintain existing and 
anticipated uses of those waters. High Quality 
Waters are a subset of waters with quality higher 
than the standards and are as described by 15A 
NCAC 2B .0101(e)(5). The following proce- 
dures will be implemented in order to meet the 
requirements of this part: 

(2) Development activities which require a 
Sedimentation/Erosion Control Plan in 
accordance with rules (15A NCAC, 
Chapter 4) established by the NC 



Sedimentation Control Commission, and 
which drain to and are within one mile of 
High Quality Waters (HQW) will be re- 
quired to control runoff from the one inch 
design storm as follows: 
(A) Low Density Option: Developments 
which limit single family developments to 
one acre lots and other type developments 
to 12 percent built-upon area, have no 
stormwater collection system as defined in 
15A NCAC 2H .1002(13), and have 
built-upon areas at least 30 feet from sur- 
face waters will be deemed to comply with 
this requirement. Activities conforming 
to the requirements described in 15A 
NCAC 2H .1003(a) except for Subpara- 
graph (2), and (3) will also be deemed to 
comply with this requirement. More 
stringent requirements may be required 
on a case-by-case basis in very sensitive 
areas. 

Statutory Authority G.S. 143-214. J; 143-215.1; 
I43-215.3(a)(I). 

.021 1 FRESH SURFACE WATER 

CLASSIFICATIONS AND STANDARDS 

(b) All fresh surface waters (Class C). 

(3) Quality standards applicable to all fresh 
surface waters: 

(L) Toxic substances: numerical water 
quality standards (maximum permissible 
levels) to protect aquatic life applicable to 
all fresh surface waters: 
(v) Chromium, total recoverable: 50 

ug/1; 
(viii) Lead, total recoverable: 25 ug/1; 
collection of data on sources, transport 
and fate of lead will be required as part 
of the toxicity reduction evaluation for 
dischargers that are out of compliance 
with whole effluent toxicity testing re- 
quirements and the concentration of 
lead in the effluent is concomitantly 
determined to exceed an instream level 
of 3. 1 ug/1 from the discharge; 

(4) Action Levels for Toxic Substances: if the 
Action Levels for any of the substances 
listed in this Subparagraph (which are 
generally not bioaccumulative and have 
variable toxicity to aquatic life because of 
chemical form, solubility, stream charac- 
teristics and 'or associated waste charac- 
teristics) are determined by the waste load 
allocation to be exceeded in a receiving 
water by a discharge under the specified 
low flow criterion for toxic substances 
(Rule .0206 in this Section), the discharger 



913 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



will be required to monitor the chemical 
and/or biological effects of the discharge; 
efforts shall be made by all dischargers to 
reduce or eliminate these substances from 
their effluents. Those substances for 
which Action Levels are listed in this 
Subparagraph may will be limited as ap- 
propriate in the NPDES permit based on 
the Action levels listed in this Subpara- 
graph if sufficient information {to be de- 
termined for metals by measurements of 
that portion of the dissolved instream 
concentration of the Action Level param- 
eter attributable to a specific NPDES 
permitted discharge) exists to indicate that 
any of those substances may be a signif- 
icant causative factor resulting in toxicity 
of the effluent; 

(A) Copper: 7 ug/1; 

(B) Iron: 1.0 mg/1; 

(C) Silver: 0.06 ug/1; 

(D) Zinc: 50 ug/1; 

(E) Chloride: 230 mg/1; 

(F) Chlorine, total residual: 17 ug/1 in all 
waters except trout waters (Tr); [a stand- 
ard of 17 ug/1 exists for waters classified 
as trout waters and is applicable as such 
to all dischargers to trout waters; see Par- 
agraph (b)(3)(L)(iv) of this Section); 

lor purposes other than consideration of 
NPDES permitting of point source dis- 
charges as described in this Subparagraph, 
the Action Levels in this Rule, as meas- 
ured by an appropriate analytical tech- 
nique, will be considered as numbencal 
ambient water quality standards. 



Statutory Authority 

143-2153(a)(I). 



G.S. 



1 43-2 1 4.1; 



.0212 TIDAL SALT WATER 

CLASSIFICATIONS AND STANDARDS 

(b) All tidal salt waters (Class SC). 
(3) Quality standards applicable to all tidal 

salt waters: 
(M) Toxic substances: numerical water 

quality standards (maximum permissible 

levels) to protect aquatic life applicable to 

all tidal saltwaters: 

(i) Arsenic, total recoverable: 50 ug/1; 

(vi) Lead, total recoverable: 25 ug/1; 
collection of data on sources, transport 
and fate of lead will be required as part 
of the toxicity reduction evaluation for 
dischargers that are out of compliance 
with whole effluent toxicity testing re- 
quirements and the concentration of 
lead in the effluent is concomitantly 



determined to exceed an instream level 
of 3.1 ug/1 from the discharge; 

Statutory Authority G.S. 143-214.1; 

143-215.3(a)(l). 

.0216 OUTSTANDING RESOURCE WATERS 

(c) Quality Standards for ORW. 

(1) Freshwater: Water quality conditions 
shall clearly maintain and protect the 
outstanding resource values of waters 
classified ORW. Management strategies 
to protect resource values will be devel- 
oped on a site specific basis during the 
proceedings to classify waters as ORW. 
At a minimum, no new discharges or ex- 
pansions of existing discharges will be 
permitted, and stormwater controls for all 
new development activities requiring a 
Sediment/Erosion Control Plan will be 
required as follows: 

(A) Low Density Option: Developments 
which limit single family developments to 
one acre lots and other type developments 
to 12 percent built -upon area, have no 
stormwater collection system as defined in 
15A NCAC 2H .1002(13), and have 
built-upon areas at least 30 feet from sur- 
face water areas will be deemed to comply 
with this requirement. Activities con- 
forming to the requirements described in 
15A NCAC 2U .1003(a) except for 15A 
NCAC 2H .1003(a)(2), (3) will also be 
deemed to comply with this requirement. 

(B) High Density Development: Higher 
density developments will be allowed if 
stormwater control systems utilizing wet 
detention ponds as described in 15A 
NCAC 2H .1003(i), (k) and (1) are in- 
stalled, operated and maintained which 
control the runoff from all built-upon 
areas generated from one inch of rainfall. 
The size of the control system must take 
into account the runoff from any pervious 
surfaces draining to the system. 

More stringent requirements may be required by 
the Environmental Management Commission on 
a site specific basis. 

(2) Saltwater: Water quality conditions shall 
clearly maintain and protect the out- 
standing resource values of waters classi- 
fied ORW. Management strategies to 
protect resource values will be developed 
on a site-specific basis during the pro- 
ceedings to classify waters as ORW. At 
a minimum, new development will com- 
ply with the low density options as speci- 
fied in the Stormwater Runoff Disposal 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



914 



PROPOSED RULES 



rules [15A NCAC 2H .1003 (a)(2)] within 
575 feet of the mean high water line of the 
designated ORW area. New non- 
discharge permits will be required to meet 
reduced loading rates and increased buffer 
zones, to be determined on a case-by-case 
basis. No dredge or fill activities will be 
allowed where significant shellfish or sub- 
merged aquatic vegetation bed resources 
occur, except for maintenance dredging, 
such as that required to maintain access 
to existing channels and facilities located 
within the designated areas or mainte- 
nance dredging for activities such as agri- 
culture. A public hearing is mandatory 
for any proposed permits to discharge to 
waters classified as ORW. 
Additional actions to protect resource values will 
be considered on a site specific basis during the 
proceedings to classify waters as ORW and will 
be specified in Paragraph (e) of this Rule. These 
actions may include anything within the powers 
of the commission. The commission will also 
consider local actions which have been taken to 
protect a water body in determining the appro- 
priate state protection options. Descriptions of 
boundaries of waters classified as ORW are in- 
cluded in Paragraph (e) of this Rule and in the 
Schedule of Classifications ( 1 5A NCAC 2B .0302 
through .0317) as specified for the appropriate 
river basin and will also be described on maps 
maintained by the Division of Environmental 
Management. 

(e) Listing of Waters Classified ORW with 
Specific Actions. Waters classified as ORW with 
specific actions to protect exceptional resource 
values are listed as follows: 

(5) In the Following designated waterbodies, 
the only type of new or expanded marina 
that will be allowed will be those marinas 
located in upland basin areas, except those 
with less than 30 slips, having no boats 
over 21 feet in length and no boats with 
heads. The only new or expanded 
NPDES permitted discharges that will be 
allowed will be non-domestic, non- 
process industrial discharges. 

(6) In the following designated waterbodies, 
no new or expanded NPDES permitted 
discharges and no new or expanded 
marinas will be allowed, except those with 
less than 30 slips, having no boats over 
21 feet in length and no boats with heads. 



No 



Statutory Authority G.S. 143-214. 1 . 



****************** 



otice is hereby given in accordance with G.S. 
I SOB- 12 that the Environmental Management 
Commission intends to repeal rules cited as ISA 
NCAC 2D .OSOS; amend rules citied as ISA 
NCAC 2D .OS 24 - .0525, .0535, .0901, .0903, 
.0912, .0917 - .0924, .0934, .1102, .1105; 2H 
.0603, .06/0; and adopt rules citied as ISA NCAC 
2D .1201 - .1209. 

1 he proposed effective date of this action is May 
1, 1991. 

1 he public hearing will be conducted at 7:15 
p.m. on November 20, 1990 at the Commission 
Meeting Room, Old Courthouse, 301 East Market 
Street, Greensboro, North Carolina. 



Cc 



comment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Any person desiring to comment for 
more than three minutes is requested to submit a 
written statement for inclusion in the record of 
proceedings at the public hearing. The hearing 
officer may limit oral presentation lengths if many 
people want to speak to five minutes. The record 
of proceedings will remain open for 30 days fol- 
lowing the hearing to receive additional written 
statements. To be included, the statement must 
be received by the Department within 30 days af- 
ter the hearing date. 

Additional information concerning the hearing or 
the proposals may be obtained by contacting: 

Mr. Thomas C. Allen 
Division of Environmental Management 

P.O. Box 27687 

Raleigh, North Carolina 27611-7687 

(919) 733-3340. 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .0500 - EMISSION CONTROL 
STANDARDS 

.0505 CONTROL OF PARTICULATES FROM 
INCINERATORS (REPEALED) 



Statutory Authority G.S. 
143-215. 107(a)(5). 



143-215.3(a)(l); 



.0524 NEW SOURCE PERFORMANCE 
STANDARDS 

(a) Sources of the following types when subject 
to new source performance standards 
promulgated in 40 CFR Part 60 shall comply 
with the emission standards, monitoring and re- 



915 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



porting requirements, maintenance requirements, 
notification and record keeping requirements, 
performance test requirements, test method and 
procedure provisions, and any other provisions, 
as required therein, rather than with any 
otherwise-applicable regulation in this Section or 
Section .0900 of this Subchapter which would be 
in conflict therewith: 

(61) volatile organic compound emissions 
from petroleum refinery wastewater sys- 
tems (40 CFR 60.1 to 60.39 and 40 CFR 
60.690 to 60.699, Subpart QQQ); 

(62) volatile organic compound emissions 
from the synthetic organic chemical man- 
ufacturing industry air oxidation unit 
processes (40 CFR 60.1 to 60.39 and 40 
CFR 60.610 to 60.619, Subpart III); 

(63) volatile organic compound emissions 
from synthetic organic chemical manufac- 
turing industry distillation operations (40 
CFR 60.1 to 60.39 and 40 CFR 60.660 to 
60.669, Subpart NNN). 

(b) All requests, reports, applications, submit- 
tals, and other communications to the adminis- 
trator required under Paragraph (a) of this 
Regulation shall be submitted to the Environ 
mental Management Commission Director of the 
Division of Fnvironmental Management rather 
than to the Environmental Protection Agency. 

Statutory Authority G.S. 143-215 .3(a)(1); 

143-215. 107(a)(5). 

.0525 NATIONAL EMISSION STANDARDS 
FOR HAZARDOUS AIR POLLUTANTS 

(a) Sources emitting pollutants of the following 
types when subject to national emission stand- 
ards for hazardous air pollutants promulgated in 
40 CFR Part 61 shall comply with emission 
standards, monitoring and reporting require- 
ments, maintenance requirements, notification 
and record keeping requirements, performance 
test requirements, test method and procedure 
provisions, and any other provisions, as required 
therein, rather than with any otherwise- 
applicable regulation in this Section or Section 
.0900 of this Subchapter which would be in con- 
flict therewith: 

(10) inorganic arsenic emissions from arsenic 
trioxide and metallic arsenic production 
faculties (40 CFR 61.01 to 61.19 and 
61.180 to 61.189, Subpart P); 

(1 1) benzene emissions from benzene transfer 
operations (40 CFR 61.01 to 61.19 and 
61.300 to 61.309, Subpart BB); 

(12) benzene waste operations (40 CFR 61.01 
to 61.19 and 61.340 to 61.359, Subpart 
FF). 



(b) All requests, reports, applications, submit- 
tals, and other communications to the adminis- 
trator required under Paragraph (a) of this 
Regulation shall be submitted to the Environ 
montal Managomont Commission Director of the 
Division of Environmental Management rather 
than to the Environmental Protection Agency. 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(5). 

.0535 EXCESS EMISSIONS REPORTING 
AND MALFUNCTIONS 

(a) For the purpose of this Regulation the fol- 
lowing definitions apply: 

(1) "Excess Emissions" means an emission 
rate that exceeds any applicable emission 
limitation or standard allowed by any 
regulation in Sections .0500, »f .0900, or 
.1200 of this Subchapter or by a permit 
condition or that exceeds an emission 
limit established in a permit issued under 
15A NCAC 2H .0610. 

Statutory Authority G.S. 143-21 5.3(a) ( 1 ); 
143-215. 107(a)(4); 143-215. 107(a)(5). 

SECTION .0900 - VOLATILE ORGANIC 
COMPOUNDS 

.0901 DEFINITIONS 

For the purpose of this Section, the following 
definitions apply: 
(12) "Low solvent coating" means a coating 
which contains a substantially lower amount 
of volatile organic compound than conven- 
tional organic solvent borne coatings; it 
usually falls into one of three major groups 
of high solids, solvents, waterborne, or 
powder coatings. 

Statutory Authority G.S. 143-21 5. 3(a)(1). 

.0903 RECORDKEEPING: REPORTING: 
MONITORING 

(d) The owner or operator ,of any volatile or- 
ganic compound emission source or control 
equipment shall: 

( 1) install, operate, and maintain process 
and; or control equipment monitoring in- 
struments or procedures as necessary to 
comply with Paragraph (b) and (c) of this 
Regulation; and 

(2) maintain, in writing, data and or reports 
relating to monitoring instruments or 
procedures which will, upon review, doc- 
ument the compliance status of the vola- 
tile organic compound emission source or 
control equipment to t_he satisfaction of 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



916 



PROPOSED RULES 



the Director; such data and reports shall. 
as a minimum , be maintained daily. 

(e) Copies of all records and reports under 
Paragraphs (b). (c). and fd) of thus Regulation 
shall be retained by the owner or operator for a 
rmnimum of two years after the date on which 
the record was made or the report submitted. 
Howeyer, the Director may extend the retention 
period in particular instances. 

(f) Copies of all records and reports under this 
Section shall be made ayailable within a reason- 
able time to the Director upon written request. 

Statutory Authority G.S. l43-2153(a)(l ); 
143-215.107 (a) (5). 



to the applicator from prime application, 
flashoff area, and oven operations; 

(2) 2.8 pounds per gallon of coating, daily 
weighted average, excluding water and ex- 
empt compounds, delivered to the 
applicator from topcoat and surface ap- 
plication, flashoff area, and oven opera- 
tion; 

(3) 4.8 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to the applicator from final repair appli- 
cation, flashoff area, and oven operation. 



Statutory Authority G.S. 
143-215. 107(a)(5). 



143-215.3(a)(l); 



.0912 GENERAL PROVISIONS ON TEST 
METHODS AND PROCEDURES 

(a) The owner or operator of any volatile or- 
ganic compound source required to comply with 
regulations in this Section shall, at his own 
expense. demonstrate compliance by the methods 
described in Regulations .0912 through .0916 and 
.0939 through .0942 of this Section or an alter- 
native method approved by the director. ^to 
owner &? operator, however, shall fee required to 
demonstrate compliance wito. regulationc . » tois 
Section unless the director requests such demon 
stration. The owner or operator of a volatile 
organic compound source shall demonstrate 
compliance when the Director requests such 
demonstration. The Director shall explain to the 
owner or operator the basis for requesting a 
demonstration of compliance and shall allow 
reasonable time for testing to be performed. All 
tests shall be made by. or under the direction of. 
a person qualified by training and or experience 
in the field of air pollution testing. 

Statutory Authority G.S. 143-21 5.3(a) ( 1 ); 
143-21 5.107 (a) (5). 

.0917 AUTOMOBILE AND LIGHT-DUTY 
TRUCK MANUFACTURING 

(d) Any source which has chosen to control 
emissions of volatile organic compounds under 
Rule .051 S(e') of this Subchapter and which has 
installed air pollution control equipment in ac- 
cordance with an air quality permit in order to 
comply with this Rule before December 1, 1 9S9, 
may comply with the limits contained in this 
Paragraph instead of those contained in Para- 
graph (c) of this Rule. Emissions of volatile or- 
ganic compounds from any automotive or 
light-duty truck manufacturing plant coating line 
subject to this Regulation shall not exceed: 
(1) 1.2 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 



.0918 CAN COATING 

(d) Any source which has chosen to control 
emissions of volatile organic compounds under 
Rule .05 18(e > of this Subchapter and which has 
installed air pollution control equipment in ac- 
cordance with an air quality permit in order to 
comply with this Rule before December 1. 1989, 
may comply with the limits contained in this 
Paragraph instead of those contained in Para- 
graph (c) of this Rule. Emissions of volatile or- 
ganic compounds from any can coating line 
subject to this Regulation shall not exceed: 

(1) 2.8 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to the coating applicator from sheet 
basecoat (exterior and interior) and 
overvamish or two-piece can exterior 
(basecoat and overvamish) operations; 

(2) 4.2 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to the coating applicator from two and 
three-piece can interior body spray and 
two-piece can exterior end (spray or roll 
coat) operations: 

(3) 5.5 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to the coating applicator from a three- 
piece applicator from a three-piece can 
side-seam spray operations: 

(4) 3.7 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to the coating applicator from end sealing 
compound operations. 



Statutory Authority G.S. 
143-215. 107(a)(5). 



143-215.3(a)(l); 



.0919 COIL COATING 

(d) Any source which has chosen to control 
emissions of volatile organic compounds under 
Rule .0518(e) of this Subchapter and which has 
installed air pollution control equipment in ac- 



91' 



5:14 XORTH CAROLISA REGISTER October 15, 1990 



PROPOSED RULES 



cordance with an air quality permit in order to 
comply with this Rule before December 1, 1989, 
may comply with the limits contained in this 
Paragraph instead of those contained in Para- 
graph (c) of this Rule. Emissions of volatile or- 
ganic compounds from any coil coating line 
subject to this Regulation shall not exceed 2.6 
pounds per gallon of coating, excluding water 
and exempt compounds, delivered to the coating 
applicator from prime and topcoat or single coat 
operations. 

Statutory Authority G.S. 143-215. 3(a) ( I ); 
143-215. 107(a)(5). 

.0920 PAPER COATING 

(e) Any source which has chosen to control 
emissions of volatile organic compounds under 
Rule .05 18(e) of this Subchapter and which has 
installed air pollution control equipment in ac- 
cordance with an air quality permit in order to 
comply with this Rule before December 1, 1989, 
may comply with the limits contained in this 
Paragraph instead of those contained in Para- 
graph (d) of this Rule. Emissions of volatile or- 
ganic compounds from any paper coating line 
subject to this Regulation shall not exceed 2.9 
pounds per gallon of coating, excluding water 
and exempt compounds, delivered to the coating 
applicator from a paper coating line. 

Statutory Authority G.S. 143-215.3(a)( 1 ); 
143-215. 107(a)(5).' 

.0921 FABRIC AND VINYL COATING 

(d) Any source which has chosen to control 
emissions of volatile organic compounds under 
Rule .()51S(e) of this Subchapter and which has 
installed air pollution control equipment in ac- 
cordance with an air quality permit in order to 
comply with this Rule before December 1, 1989, 
may comply with the limits contained in this 
Paragraph instead of those contained in Para- 
graph (c) of this Rule. Emissions of volatile or- 
ganic compounds from any fabric coating line or 
vinyl coating line subject to this Regulation shall 
not exceed: 

( 1 ) 2.9 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to the coating applicator from a fabric 
coating line; 

(2) 3.8 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to the coating applicator from a vinyl 
coating line. 

Statutory Authority G.S. J43-215.3(a)( 1 ); 
143-215. 107(a)(5). 



.0922 METAL FLRNITLRE COATING 

(d) Any source which has chosen to control 
emissions of volatile organic compounds under 
Rule .0518(e) of this Subchapter and which has 
installed air pollution control equipment in ac- 
cordance with an air quality permit in order to 
comply with this Rule before December 1, 1989, 
may comply with the limits contained in this 
Paragraph instead of those contained in Para- 
graph (c) of this Rule. Emissions of volatile or- 
ganic compounds from any metal furniture 
coating line subject to this Regulation shall not 
exceed 3.0 pounds per gallon of coating, exclud- 
ing water and exempt compounds, delivered to 
the coating applicator from prime and topcoat 
or single coat operations. 

Statutory Authority G.S. 143-21 5.3(a)( 1 ); 
143-215. 107(a)(5). 

.0923 SURFACE COATING OF LARGE 
APPLIANCES 

(e) Any source which has chosen to control 
emissions of volatile organic compounds under 
Rule .0518(e) of this Subchapter and which has 
installed air pollution control equipment in ac- 
cordance with an air quality permit in order to 
comply with this Rule before December 1, 1989, 
may comply with the limits contained in this 
Paragraph instead of those contained in Para- 
graph (d) of this Rule. Emissions of volatile or- 
ganic compounds from any large appliance 
coating line subject to this Regulation shall not 
exceed 2.8 pounds per gallon of coating, exclud- 
ing water and exempt compounds, delivered to 
the coating applicator from prime, single, or 
topcoat coating operations. 



Statutory Authority G.S. 
143-215. 107(a)(5). 



143-215.3(a)(l); 



.0924 MAGNET WIRE COATING 

(d) Any source which has chosen to control 
emissions of volatile organic compounds under 
Rule .0518(e) of this Subchapter and which has 
installed air pollution control equipment in ac- 
cordance with an air quality permit in order to 
comply with this Rule before December 1, 1989, 
may comply with the limits contained in this 
Paragraph instead of those contained in Para- 
graph (c) of this Rule. Emissions of volatile or- 
ganic compounds from any magnet wire coating 
oven subject to this Regulation shall not exceed 
1.7 pounds per gallon of coating, excluding water 
and exempt compounds, delivered to the coating 
applicator from magnet wire coating operations. 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



91S 



PROPOSED RULES 



Statutory Authority G.S. I43-2I5.3(a)( 1 ); 
143-215. 107(a)(5). 

.0934 COATING OF MISCELLANEOUS METAL 
PARTS AND PRODUCTS 

(e) Any source which has chosen to control 
emissions of volatile organic compounds under 
Rule .0518(e) of this Subchapter and which has 
installed air pollution control equipment in ac- 
cordance with an air quality permit in order to 
comply with this Rule before December 1, 1989, 
may comply with the limits contained in this 
Paragraph instead of those contained in Para- 
graph (d) of this Rule. Emissions of volatile or- 
ganic compounds from any coating line subject 
to this Regulation shall not exceed: 

( 1 ) 4.3 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to a coating applicator that applies clear 
coatings; 

(2) 3.5 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to a coating applicator in a coating appli- 
cation system that utilized air or forced air 
driers; 

(3) 3.5 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to a coating applicator that applies ex- 
treme performance coatings; 

(4) 3.0 pounds per gallon of coating, excluding 
water and exempt compounds, delivered 
to a coating applicator that applies 
coatings of frequent color changes or of a 
large number of colors or applies the 
coating that is the first coat on untreated 
ferrous substrate; or 

(5) where there are no or infrequent color 
changes or a small number of colors is 
applied: 

(A) 0.4 pounds per gallon of coating, ex- 
cluding water and exempt compounds, 
delivered to a coating applicator that ap- 
plies powder coatings; or 

(B) 3.0 pounds per gallon, excluding water 
and exempt solvents, delivered to a coat- 
ing applicator for any other type of coat- 
ing. 

Whenever more than one of the aforementioned 
emission limitations may apply to a process, then 
the least stringent emission limitation shall apply 
to the process. 



Statutory Authority 
143-215. 107(a)(5). 



G.S. 143-215.3(a)(l); 



SECTION .1 100 - CONTROL OF TOXIC AIR 
POLLUTANTS 



.1102 APPLICABILITY 

(b) When a rule in Section .0500, e* .0900, or 
.1200 of this Subchapter and this Section regu- 
lates the same pollutant, the more restrictive rule 
shall apply. 

Statutory Authority G.S. 143-21 5. 3(a) ( 1 ); 
143-215. 107(a)(1), (3), (4), (5); 143B-282. 

.1105 FACILITY REPORTING: 
RECORDKEEPING 

(b) The owner or operator of a facility emitting 
a toxic air pollutant shall maintain: 

(2) records of all testing conducted under 
Rules in this Section and Sections .0500, 
a«4 .0900, or .1200 of this Subchapter, 

Statutory Authority G.S. 143-21 5.3(a) ( 1 ); 
143-215. 107(a)(4), (5); 143B-2S2. 

SECTION .1200 - CONTROL OF EMISSIONS 
FROM INCINERATORS 

.1201 PURPOSE AND SCOPE 

(a) This Section sets forth rules for the control 
of the emissions of air pollutants from 
incinerators. 

(b) The rules in this Section apply to all types 
of incinerators as defined by 15A NCAC 2D 
.0101(19). including incinerators with heat re- 
covery and industrial incinerators. The rules in 
this Section do not apply to afterburners, flares, 
fume incinerators, and other similar devices used 
to reduce the emissions of air pollutants from 
processes, whose emissions shall be regulated as 
process emissions. 

Statutory Authority G.S. 143-215.31 a)( 1); 
143-2/5. 107(a)(1), (3), (4), (5). 

.1202 DEFINITIONS 

For the purposes of this Section, the following 
definitions apply: 

(1) "Hazardous waste incinerator" means an 
incinerator regulated under 15A NCAC 13A 
.0001 through .0014, 40 CFR 264.340 to 
264.351, Subpart O, or 265.340 to 265.352, 
Subpart O. 

(2) "Medical waste incinerator" means any 
incinerator regulated under Section 15A 
NCAC 13B .1207(3). 

(3) "Municipal solid waste incinerator" means 
any device that combusts municipal-type 
solid waste. 

(4) "Municipal-type solid waste" means refuse, 
more than 50 percent of which is waste 
consisting of a mixture of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, 
or other combustible material includins 



919 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



refuse-derived fuel but excluding con- 
struction and demolition waste. 
(5) "Sludge incinerator" means any incinerator 
regulated under Paragraph (a)(4) of Rule 
.0525 of this Subchapter. 

Statutory Authority G.S. 143-213; 143-215.3 
(a)(1). 

.1203 TEST METHODS AND PROCEDURES 

(a) The test methods and procedures described 
in Rule .0501 of this Subchapter and in 40 CFR 
Part 60 Appendix A and 40 CFR Part 61 Ap- 
pendix B shall be used to determine compliance 
with emission rates. 

(b) The Director may require the owner or 
operator to test his incinerator to demonstrate 
compliance with the emission standards in Rule 
.1205 of this Section. 

Statutory Authority G.S. 143-21 5.3( a) ( 1 ); 
143-215. 107(a)(5). 

.1204 RKPORTING AND RECORDKEEPING 

(a) The reporting and recordkeeping require- 
ments of Rule .1105 of this Subchapter shall ap- 
ply to all incinerators in addition to any reporting 
and recordkeeping requirements that may be 
contained in any other rules. 

(b) The owner or operator of an incinerator 
shall maintain and operate a continuous temper- 
ature measuring device for the primary chamber 
and secondary chamber. The owner or operator 
of an incinerator that emits more than four 
pounds of hydrogen chloride per hour or that has 
installed air pollution abatement equipment to 
reduce the emissions of hydrogen chloride shall 
install, operate, and maintain a continuous in- 
stack monitor for hydrogen chloride; the Director 
may require the owner or operator of any other 
incinerator to install, operate, and maintain a 
continuous in-stack monitor for hydrogen 
chloride. The Director shall require the owner 
or operator of an incinerator with a permitted 
charge rate of 750 pounds per hour or more to 
install, operate, and maintain monitors for oxy- 
gen or for carbon monoxide or both as he deems 
appropriate. The Director may require the 
owner or operator of an incinerator with a per- 
mitted charge rate of less than 750 pounds per 
hour to install, operate, and maintain monitors 
for oxygen or for carbon monoxide or both as 
he deems appropriate. 



(a) The emission standards in this Rule apply 
to all incinerators except where Rule .0524 or 
.0525 of this Subchapter applies. 

(b) Particulate matter. Hazardous waste 
incinerators shall comply with Subparagraph (3) 
of this Paragraph. All other incinerators shall 
comply with one of the following emission 
standards for particulate matter: 

( 1 ) The emission of particulate matter from 
any stack or chimney of an incinerator 
shall not exceed: 



Refuse Charge 
In Lb, Hour 



to 100 
200 
500 

1,000 
2,000 and Above 



Allowable Emission Rate 
For Particulate Matter 
In Lb/Hour 

0.2 
0.4 
1 o 
2.0 
4.0 



Statutory Authority G.S. 
143-215. 107(a)(4), (5). 



143-2l5.3(a)(l); 



.1205 EMISSION STANDARDS 



For a refuse charge between any two 
consecutive rates stated in the preceding 
table, the allowable emissions rate for 
particulate matter shall be calculated by 
the equation E = 0.002P. E = allowable 
emission rate for particulate matter in 
lb/hour. P = refuse charge in lb hour. 

(2) Instead of meeting the standards in Para- 
graph (b)(1) of this Regulation, the owner 
or operator of an incinerator may choose 
to limit particulate emissions from the 
incinerator to 0.08 grains per dry standard 
cubic foot corrected to 12 percent carbon 
dioxide. In order to choose this option, 
the owner or operator of the incinerator 
shall demonstrate that the particulate am- 
bient air quality standards will not be vi- 
olated. To correct to 12 percent carbon 
dioxide, the measured concentration of 
particulate matter is multiplied by 12 and 
divided by the measured percent carbon 
dioxide. 

(3) Hazardous waste incinerators shall meet 
the particulate matter requirements of 40 
CFR 264.343(c). 

(c) Sulfur dioxide. Incinerators shall comply 
with Rule .0516 of this Subchapter. 

(d) Visible emissions. Incinerators shall com- 
ply with Rule .0521 of this Subchapter. 

(e) Odorous emissions. Incinerators shall 
comply with Rule .0522 of this Subchapter. 

(f) Hydrogen chloride. Except for hazardous 
waste incinerators, emissions of hydrogen 
chloride from an incinerator shall not exceed four 
pounds per hour unless it is reduced by at least 
90 percent by weight or to no more than 50 parts 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



920 



PROPOSED RULES 



per million by volume corrected to seven percent 
oxygen (dry basis). Hazardous waste incinerators 
shall meet the hydrogen chloride emissions re- 
quirements of 40 CFR 264.343(b). 
(g) Metal emissions. 
(1) Municipal solid waste incinerators. 
Emissions from the stack or chimney of a 
municipal solid waste incinerator shall not 
exceed: 



Pollutant 

Arsenic and 

Compounds 
Beryllium and 

compounds 
Cadmium and 

compounds 
Chromium (VI) 

and compounds 
Mercury and 

compounds 



.Allowable Emission Rate 
In Lb/Hr 

0.0051 

0.090 

0.12 



0.001 



0.29 



(2) Sludge incinerators. Emissions from the 
stack or chimney of a sludge incinerator 
shall not exceed: 



Pollutant 


Allowable Emiss 




in Lb Hi 


Arsenic and 




compounds 


0.00031 


Beryllium and 




compounds 


0.0053 


Cadmium and 




compounds 


0.0071 


Chromium (VI) 




and compounds 


0.00011 



Mercury emissions from sludge 
incinerators are regulated under 15A 
NCAC 2D .0525(a)(4). 
(3) Other incinerators. Emissions from the 
stack or chimney of a hazardous waste 
incinerator, medical waste incinerator, and 
any other type incinerator not covered 
under Paragraph (g)(1) or (2) of this Rule 
shall not exceed: 



Pollutant 


Allowable Emission Rate 




in Lb, Hr 


Arsenic and 




compounds 


0.00011 


Beryllium and 




compounds 


0.0020 


Cadmium and 





compounds 
Chromium (VI) 

and compounds 
Mercury and 

compounds 



0.0026 

0.000040 

0.032 



(h) The owner or operator of an incinerator 
shall demonstrate compliance with Section . 1 100 
of this Subchapter in accordance with 15A 
NCAC 2H .0610. 



Statutory Authority G.S. 
143-215. 107(a)(5). 



143-21 5.3(a)(1); 



.1206 OPERATIONAL STANDARDS 

(a) Hazardous waste incinerators. Hazardous 
waste incinerators shall comply with Rules 15A 
NCAC 13A .0001 through .0014, which are ad- 
ministered and enforced by the Division of Solid 
Waste Management. 

(b) Medical waste incinerators. Medical waste 
incinerators shall meet the following require- 
ments: 

( 1 ) The primary' chamber temperature shall 
be at least 1200T. 

(2) The secondary chamber temperature shall 
beat least 1800°F. 

(3) Gases generated by the combustion shall 
be subjected to a minimum temperature 
of 1800'F for a period of not less than one 
second. 

Medical waste incinerators shall comply with 
15A NCAC 13B .1207(3) and any other pertinent 
parts of Section 15A NCAC 13B .1200, which 
are administered and enforced by the Division of 
Solid Waste Management. 

(c) Municipal solid waste incinerators. Mu- 
nicipal solid wastes incinerators shall meet the 
following requirements: 

( 1) The concentration of carbon monoxide at 
the combustor outlet shall not exceed 150 
parts per million by volume corrected to 
7 percent oxygen (dry basis) using a four- 
hour block average. 

(2) The temperature of the exhaust gas enter- 
ing the particulate matter control device 
shall not exceed 450°F. 

(3) Gases generated by the combustion shall 
be subjected to a minimum temperature 
of 1800 : F for a period of not less than one 
second. 

(d) Sludge incinerators. The combustion tem- 
perature in a sludge incinerator shall not be 
greater than 1650°F"or less than 1200°F. The 
maximum oxygen content of the exit gas from a 
sludge incinerator stack shall be: 

(1) 12 percent (dry basis) for a multiple hearth 
sewage sludge incinerator, 



921 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



(2) seven percent (dry basis) for a fluidized 
bed sewage sludge incinerator, 

(3) nine percent (dry basis) for an electric 
sewage sludge incinerator, and 

(4) 12 percent (dry basis) for a rotary kiln 
sewage sludge incinerator. 

(e) Other incinerators. All incinerators not 
covered under Paragraphs (a) through (d) of this 
Rule shall meet the following requirement: 
Gases generated by the combustion shall be 
subjected to a minimum temperature of 1800°F 
for a period of not less than one second. 

(f) Waste material shall not be loaded into any 
incinerators covered under Paragraphs (b), (c), 
or (e) when the temperature is below the mini- 
mum required temperature. Incinerators covered 
under Paragraphs (b), (c), and (e) shall have au- 
tomatic auxiliary burners that are capable of 
maintaining the required minimum temperature 
in the secondary chamber excluding the heat 
content of the wastes. 

Statutory Authority G.S. 143-21 5. 3(a); 

143-215. 107(a)(5). 

.1207 EXCESS EMISSIONS AND START-UP 
AND SHUT-DOWN 

All incinerators shall comply with Rule .0535 
of this Subchapter. 

Statutory Authority G.S. 143-215.3(a); 
143-215. 107(a)(4), (5). 

.1208 OPERATOR TRAINING REQUIREMENTS 

After May 1, 1992, no incinerator shall be op- 
erated by any person who has not satisfactorily 
completed a training program. By May 1, 1992, 
all incinerator operators shall be trained by the 
equipment manufacturer or another qualified or- 
ganization as to proper operating practices and 
procedures. The owner or operator of the 
incinerator shall maintain records on the training 
of persons operating the incinerator. 

Statutory Authority G.S. 143-21 5.3(a). 

.1209 COMPLIANCE SCHEDULES 

(a) The owner or operator of an incinerator 
subject to Paragraphs (f), (g), or (h) of Rule 
.1205, except medical waste incinerators, or Par- 
agraphs (c) through (e) of Rule .1206 that: 

(1) begins construction after April 30, 1991, 
shall be in compliance with Rule .1205 
and Paragraphs (c) through (e) of Rule 
.1206 before beginning operation. 

(2) begins construction before May 1, 1991, 
shall adhere to the following increments 
of progress and schedules: 



(A) Documentation that the incinerator 
meets the requirements of Paragraphs (f), 
(g), and (h) of Rule .1205 and Paragraphs 
(c) through (c) of Rule .1206 or an air 
permit application including final plans 
and a compliance schedule shall be sub- 
mitted before: 

(i) November 1, 1991, for incinerators at 
plant sites with an incinerator capacity 
of 1000 pounds per hour or more; 

(ii) May 1, 1992, for incinerators at plant 
sites with an incinerator capacity of less 
than 1000 pounds per hour but 400 
pounds per hour or more; 

(iii) November 1, 1992 for incinerators 
at plant sites with an incinerator capac- 
ity of less than 400 pounds per hour but 
200 pounds per hour or more; 

(iv) May 1, 1993, for plant sites with an 
incinerator capacity of less than 200 
pounds per hour. 

(B) The compliance schedule shall contain 
the following increments of progress: 

(i) a date by which contracts for the 
emission control system and/or process 
equipment shall be awarded or orders 
shall be issued for purchase of compo- 
nent parts; 

(ii) a date by which on-site construction 
or installation of the emission control 
and/or process equipment shall begin; 

(iii) a date by which on-site construction 
or installation of the emission control 
and/or process equipment shall be 
completed; and 

(iv) a date by which final compliance 
shall be achieved. 

(C) The final compliance date under Para- 
graph (a)(2)(B) of this Rule shall not be 
later than: 

(i) November 1, 1993, for incinerators at 
plant sites with an incinerator capacity 
of 1000 pounds per hour or more; 

(ii) May 1, 1994, for incinerators at plant 
sites with an incinerator capacity of less 
than 1000 pounds per hour but 400 
pounds per hour or more; 

(iii) November 1, 1994, for incinerators 
at plant sites with an incinerator capac- 
ity of less than 400 pounds per hour but 
200 pounds per hour or more; 

(iv) May 1, 1995, for incinerators at plant 
sites with an incinerator capacity of less 
than 200 pounds per hour, 
(b) The owner or operator of a medical waste 
incinerator that: 

(1) begins construction after April 30, 1991, 

shall be in compliance with Rule .1205 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



922 



PROPOSED RULES 



and Paragraph (b) of Rule .1206 before 
beginning operation; 
(2) begins construction before May 1, 1991, 
shall adhere to the following increments 
of progress and schedules: 

(A) Documentation that the incinerator 
meets the requirements of Paragraph (f), 
(g), and (h) of Rule .1205 and Paragraph 
(b) of Rule .1206 or an air permit appli- 
cation including final plans and a compli- 
ance schedule shall be submitted following 
the schedule set out in Paragraph 
(a)(2)(A) of this Rule; 

(B) The compliance schedule shall contain 
the same increments of progress as re- 
quired bv Paragraph (a)(2)(B) of this 
Rule; 

(C) Final compliance shall be achieved no 
later than January 1, 1995. 

(c) The owner or operator shall certify to the 
Director within five days after the deadline, for 
each increment of progress, whether the required 
increment of progress has been met. 

Statutory Authority G.S. I43-2I5.3(a)(l ); 

143-215. 107(a)(4), (5). 

SUBCHAPTER 2H - PROCEDURES FOR 
PERMITS: APPROVALS 

SECTION .0600 - AIR QUALITY PERMITS 

.0603 APPLICATIONS 

(e) A public hearing shall be held before the 
issuance of any permit containing any one of 
these conditions: 

(5) an allowance of a particulate emission rate 
of 0.08 grains per dry standard cubic foot 
for incinerators constructed before July L, 
1987, in accordance with Regulation 15A 
NCAC 2D Sm&, .1205(b)(2). 
The public hearing shall be preceded by a 30-day 
penod of public notice during which the agency's 
analysis and draft permit shall be available for 
public inspection in the appropriate regional of- 
fice. If and when a permit containing these 
conditions is issued, it will become a part of the 
North Carolina State Implementation Plan for 
Air Quality (SIP) as an appendix available for 
inspection at Department of Environment, 
Health, and Natural Resources Natural R-*»- 
■ u mrc OS »«4 Community Development regional 
offices. The permit will be submitted to the U.S. 
Environmental Protection Agency for inclusion 
as part of the federally approved state imple- 
mentation plan. 

Statutory Authority G.S. 143-2l5.3(a)( 1 ); 

143-21 5.1 OS; 143-215.109. 



0610 PERMIT REQUIREMENTS FOR TOXIC 
AIR POLLUTANTS 

(a) No person shall cause or allow any toxic 
air pollutant named in 15A NCAC 2D .1104 to 
be emitted into the atmosphere from any source 
without having received a permit from the com- 
mission in accordance with the following: 

(1) Sources and modifications of sources 
which require a permit or permit modifi- 
cation because of the applicability of 
Sections in Subchapter 2D of this Chapter 
other than Section .1 100 and which begin 
construction after April 30, 1990, shall 
have received a permit or permit modifi- 
cation to emit toxic air pollutants before 
beginning construction and shall be in 
compliance with their permit when be- 
ginning operations. 

(2) The owner or operator of any incinerator 
subject to Section 15A NCAC 2D .1200 
which began construction before May _K 
1990. shall apply for a permit or a permit 
modification to emit toxic air pollutants 
in accordance with the compliance sched- 
ules contained in 15A NCAC 2D .1209. 
All other sources at the facility with the 
incinerator shall be included, and the 
owner or operator of these sources shall 
apply for a permit or a permit modifica- 
tion to emu toxic air pollutants from these 
sources in accordance with Paragraph (b) 
or [c| of this Rule. 

(3) (3) Paragraph (a)(1) of this Rule does not 

apply to sources whose emissions result 
from combusting only unadulterated fossil 
fuels or unadulterated wood if the permit 
application is only for this type of com- 
bustion source and if the facility has not 
already been permitted or applied for a 
permit to emit toxic air pollutants. 

(4) frty The owner or operator of any source 

other than sources required to have a 
permit under Paragraph (a)(1) of this Rule 
shall have 180 days to apply for a permit 
or permit modification for the emissions 
of toxic air pollutants after receiving writ- 
ten notification from the division. 

(5) f4^ When the director calls for permit ap- 

plications for facilities pursuant to Para- 
graph (a) <& (4| of this Rule, he shall call 
for permit applications on the basis of 
standard industrial classifications, that is, 
he shall call at one time for permits for all 
facilities statewide that have the same 
four-digit standard industrial classification 
code, except those faculties located in cer- 
tified local air pollution control agency 



923 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



areas. All sources at the facility regardless 
of their standard industrial classification 
code and including sources combusting 
only unadulterated fossil fuels or 
unadulterated wood shall be included in 
the call for permit applications. All 
members of a source or facility category 
not having a standard industrial classifica- 
tion code shall similarly be called at one 
time. 

(6) (S) The owner or operator of a source re- 

quired to obtain a permit or permit mod- 
ification before the date on which the 
guidelines in 15A NCAC 2D .1104(b) be- 
come effective shall be required to obtain 
the permit or permit modification only for 
toxic air pollutants named in 15A NCAC 
2D .1 104(a). However, the owner or op- 
erator of the source will later be required 
in accordance with Paragraph (a) (4) (4} 
of this Rule to obtain permit modifica- 
tions covering toxic air pollutants named 
in 15ANCAC 2D .1104(b). 

(7) f&) Permit calls made under this Regulation 

shall be limited to the emissions of toxic 
air pollutants. 

(c) This Paragraph shall not apply to any 
incinerator covered under Section 15A NCAC 
2D .1200. The owner or operator of any source 
constructed before May 1, 1990, who cannot 
supply a demonstration described in Paragraph 
(b) of this Rule- shall: 

(1) submit a compliance schedule acceptable 
to the Director that will reduce the subject 
toxic air pollutant ambient concentration 
within three years after receiving written 
notification from the Director pursuant to 
Paragraph (a) f^ (4) of this Rule to a 
level that will not exceed any acceptable 
ambient level listed in 15A NCAC 2D 
.1104; 

(2) demonstrate to the satisfaction of the 
commission or its delegate that complying 
with the guidelines in 15A NCAC 2D 
. 1 1 04 is technically infeasible (the tech- 
nology necessary to reduce emissions to a 
level to prevent the acceptable ambient 
levels in 15A NCAC 2D .1 104 from being 
exceeded does not exist); or 

(3) demonstrate to the satisfaction of the 
commission or its delegate that complying 
with the guidelines in 15A NCAC 2D 
.1104 would result in serious economic 
hardship. 

(d) If the owner or operator makes a demon- 
stration to the satisfaction of the commission or 
its delegate pursuant to Paragraph (c)(2) or (3) 
of this Rule, the Director shall require the owner 



or operator of the source to apply maximum 
feasible control. Maximum feasible control shall 
be in place and operating within three years after 
receiving written notification from the Director 
pursuant to Paragraph (a) (4) (4) of this Rule. 

Statutory Authority G.S. 1 '43-215. 3 (a)(1); 
143-215.108; 143B-282. 

****************** 



iV otice is hereby given in accordance with G.S. 
150B-12 that the North Carolina Wildlife Re- 
sources Commission intends to adopt rule(s) cited 
as 15 A NCAC 10F .0363. 

1 he proposed effective date of this action is 
February 1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on November 14, 1990 at Room 386, 
Archdale Building, 512 N. Salisbury Street, 
Raleigh, NC 27604-1188. 



Co 



■ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from Oc- 
tober 31, 1990 to November 29, 1990. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Resources Commission, 512 N. 
Salisbury Street, Raleigh, NC 27604-1188. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0363 MCDOWELL COUNTY 

(a) Regulated Areas. This Rule applies to the 
following waters located on Lake James in 
McDowell County: 

(1) The cove adjacent to the State Park 
swimming area. 

(2) The cove adjacent to the State Park picnic 
area and dock. 

(b) Speed Limit. No person shall operate any 
motorboat or vessel at greater than no-wake 
speed within any of the regulated areas described 
in Paragraph (a) of this Rule. 

(c) Restricted Swimming Areas. No person 
operating or responsible for the operation of any 
vessel, surfboard or waterskis shall permit the 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



924 



PROPOSED RULES 



same to enter any marked swimming area located 
on the regulated area. 

(d) Placement and Maintenance of Markers. 
The Board of Commissioners of McDowell 
County is designated a suitable agency for place- 
ment and maintenance of the markers imple- 
menting this Rule. 

Statutory Authority G.S. 75A-3; 75A-I5. 
****************** 



Ivotice is hereby given in accordance with G.S. 
J SOB- J 2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as I5A NCAC /OH .0703, .0705, .0707; and 
adopt rule(s) cited as I5A NCAC 1 OH .0710. 

1 he proposed effective date of this action is 
February 1, 1991. 

1 he public hearing will be conducted: 

November 14. 1990 

7:30 p.m. 

Lenoir County Courthouse 

130 South Queen Street 

Kins ton, North Carolina 28501 

November 14, 1990 



7:00 p.m. 
Buncombe County Courthouse 

189 College Street 
Asheville, North Carolina 28802 



Co 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from Oc- 
tober 31, 1990 to November 29. 1990. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Resources Commission, 512 
North Salisbury Street, Raleigh, NC 27604-1 188. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10H - REGULATED ACTIVITIES 

SECTION .0700 - FISH PROPAGATION 

.0703 TYPE OF FACILITY 

(c) Residual Flow. Residual flow in a natural 
watercourse below the point of water withdrawal 
supplying a fish propagation facility must be of 
sufficient magnitude to prevent destruction or 
serious dimunition of downstream fishery 



habitat. For sites having a drainage area of 430 
acres to 1.000 acres, the minimum flow require- 
ment downstream of any diversion would be the 
7Q 10. For sites having a drainage area less than 
430 acres or greater than 1,000 acres, a specific 
minimum flow requirement downstream of any 
diversion will be established by the appropriate 
agency. Under no conditions may the entire flow 
of a watercourse be diverted to supply a fish 
propagation facility. 

(d) F scape Prevention Plan. Facilities licensed 
to propagate species of fishes or hybrids other 
than those designated in Rule .0710 of this Sec- 
tion must develop and institute a plan approved 
by the Wildlife Resources Commission to pre- 
vent the escape of fishes into public waters. 



Statutory Authority G.S. 113-134; 1/3-273. 

.0705 ACQUISITION OF FISH OR EGGS 

(a) A fish propagator licensed under this Section 
may purchase or acquire live fish of the species 
designated by his license, or the fry or eggs 
thereof, in any quantity from any lawful source. 
I icensed fish propagators may possess those 
species not designated on their licenses only after 
obtaining written authorization from Executive 
Director. When in possession of a copy of the 
receipt or other written evidence of the trans- 
action, showing the date, source, species, and 
quantity of the acquisition and its destination, 
he may transport such fish, fry, or eggs to his li- 
censed facility without the permit required by 
15A NCAC 10C .0209. Such receipts shall b'e 
retained as part of the licensee's records. 

(b) Operators of fish propagation facilities must 
obtain written certification from the U.S. Fish 



and Wildlife Service or other laboratory 



'PP 



hv the Wildlife Resources Commission that fish 
or fish eggs imported into North Carolina are free 
of the causative agents of the following diseases: 



Infectious Hematopoetic Necrosis Virus 

(JHN) 
V iral Hemorrhagic Septicemia (VI IS) 
Proliferative Kidney Disease [PKDJ 
Bacterial Kidney Disease ( Renibacterium 

salmoninarum) 
Ceratomvxosis (Ceratomvxa shasta) 
Whirling Disease (Mvxobolus cerebralis) 



Statutory Authority G.S. 113-134; 1 13-273. 

.0707 SAFE OF FISH OR EGGS 

(a) Authorization. Except as prohibited by 
Rule .0706(c) or Rule .0707(d) of this Section, a 
licensed fish propagator may sell any fish, fry, or 
eggs lawfully possessed or produced under his li- 



925 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



cense by any of the methods outlined by the 
succeeding subsections of this Rule. 

(b) Packaged Fish. Propagated fish may be 
processed and packaged with a printed wrapper 
bearing the name, address, and license number 
of the producer, indicating the species and net 
weight of the enclosed fish, and stating that the 
sale thereof is authorized by the North Carolina 
Wildlife Resources Commission. When so 
packaged such fish may be transported and sold 
at retail or at wholesale for commercial distrib- 
ution through normal channels of trade until 
reaching the ultimate consumer. Packaged fish 
sold under this Subsection may be processed by 
the licensed producer himself or by a commercial 
processor as agent of the licensed producer. In 
the alternative, any commercial processor, dis- 
tributor, or broker having a fish propagation li- 
cense standing in its own name may purchase 
propagated fish from any other licensed producer 
and process, package, and distribute such fish 
under its own license. 

(c) Fresh Fish. Propagated fish may be killed 
and sold fresh either at the licensed propagation 
facility or by the licensee at any other location 
provided a copy of his fish propagation license is 
in the seller's possession. Every such sale of a 
species designated as inland game fish by 15A 
NCAC IOC .0301 must be accompanied by a 
receipt showing the date of sale, the name, ad- 
dress and license number of the propagator, the 
number and species of the fish sold, and the 
name of the purchaser. Each subsequent resale 
of such inland game fish must be accompanied 
by a receipt clearly identifying the seller by name 
and address, showing the number and species of 
the fish sold, the date sold, and, if the sale is to 
other than the ultimate consumer, the name of 
the purchaser. The purchaser in possession of 
such fish must exhibit the receipt on demand of 
any law enforcement officer. A duplicate copy 
of each such receipt must be retained by the seller 
as part of the records of each transaction. 

(d) Live Fish and Fish Eggs 

(1) A licensed fish propagator may sell live 
fish and fry of the species designated in 
hie liconoo Rule .0710 of this Section to 
the owners of private ponds as defined by 
G.S. 113-129(13) and may sell live fish, 
fry, and eggs of such species to any person 
licensed to propagate the same species of 
fish. The sale of live fishes, other than 
those designated in Rule .0710 of this 
Section, must be approved in advance by 
Wildlife Resources Commission. A li- 
censed propagator of mountain trout may 
sell such trout alive to licensed operators 
of commercial trout fishing ponds and 



commercial trout holding ponds. A li- 
censed propagator of nongame species of 
fish for use as bait may sell the same at 
wholesale or to retailers of fish bait. All 
such sales shall be evidenced by a dupli- 
cate receipt or other memorandum of sale 
showing the date of the sale, the name, 
address, and license number of the seller, 
the name of the purchaser, the quantity 
and species of fish, fry, or eggs sold, and 
their destination. The original of the re- 
ceipt shall be given to the purchaser and 
the copy shall be retained by the 
propagator as part of his records. On all 
such sales, the purchaser in possession of 
the receipt or the propagator in possession 
of a copy of his license or the receipt may 
transport the fish, fry, or eggs from the 
propagation facility to the stated destina- 
tion without the permit required by 15A 
NCAC 10C .0209. 

(2) A licensed fish propagator may sell live 
fish of the species designated in his license 
at retail to purchasers for their own use 
or consumption either at the licensed 
propagation facility or at any other lo- 
cation where a copy of his fish propa- 
gation license is prominently displayed. 
Every such sale of a species designated as 
inland game fish by 15A NCAC 10C 
.0301 must be accompanied by a receipt 
showing the date of sale, the name, ad- 
dress, and license number of the 
propagator, the number and species of fish 
sold, and the name of the purchaser. The 
resale of any such inland game fish is un- 
lawful, and the purchaser in possession of 
such fish must exhibit the receipt on de- 
mand of any law enforcement officer. A 
duplicate copy of each such receipt must 
be retained as part of the records of the 
propagator. 

(3) It shall be unlawful to release live fish that 
are products of a commercial aquaculture 
facility into the public waters of the state 
without first obtaining written authori- 
zation from the Wildlife Resources Com- 
mission. 



Statutory Authority G.S. 113-134; 113-273. 

.0710 UNRESTRICTED SPECIES 

The following fishes are designated as unre- 
stricted species for propagation: 

(1) Bluegill Lepomis macrochirus 

(2) Redear Sunfish lepomis microlophus 

(3) Redbreast Sunfish Lepomis auritus 

(4) Green Sunfish Lepomis cyanellus 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



926 



PROPOSED RULES 



(5) Any hybrids using species of the genus 
Lepomis listed in this Rule 



(6) Black Crappie 

(7) White Crappie 

(8) Largemouth Bass 

(9) Smallmouth Bass 

(10) White Catfish 

(11) Channel Catfish 

( 12) Golden Shiner 

(13) Fathead Minnow 

(14) Goldfish 

( 1 5) Rainbow Trout 

( 16) Brown Trout 

(17) Brook Trout 

(18) Common Carp 



Pomoxis 

nigromaculatus 
Pomoxis annularis 
Micropterus salmoides 
(northern strain) 
Micropterus dolomieui 
Ictalurus catus 
Ictalurus punctatus 
Notemigonus 

crysoleucas 
Pimephales promelas 
Carassius auratus 
Oncorhynchis mykiss 
Salmo trutta 
Salvelinus fontinalis 
Cyprinus carpio 



Statutory Authority G.S. 113-134; 113-273. 
TITLE 18 - SECRETARY OF STATE 

i V otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Secretary of 
State, Securities Division intends to amend 
rule(s) cited as 18 NCAC 6 J 202. 

1 he proposed effective date of this action is 
February I. 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on November 14, 1990 at the Securities Di- 
vision, Legislative Office Building, 300 N. 
Salisbury St. - Suite 404, Raleigh, NC 27603. 

Comment Procedures: Any interested person 
may present written comments for consideration 
by the Securities Division. The hearing record 
will remain open for receipt of comments from 
October 15, 1990, through November 14, 1990. 
Written comments should be received by the Divi- 
sion by midnight on Sovember 13. 1990, to be 
considered as part of the hearing record. Com- 
ments should be addressed to: 

Stephen M. Wallis 

Deputy Securities Administrator 

Office of Secretary of State 

Securities Division 

300 N. Salisbury St. 

Room 404 

Raleigh, NC 27603-5909 

Any person may present oral comments at the 
hearings. Requests to speak should be presented 



in writing to the Deputy Securities Administrator 
at the above address no later than five days before 
the date of the hearing. Additional comments 
may be allowed by the Division by sign up at the 
public hearing as time allows. All presentations 
will be limited to 30 minutes. No fiscal note has 
been prepared pursuant to G.S. I50B-1 1(3) in 
connection with this proposed change to the ad- 
ministrative rules of the Division, as the proposed 
change will not require the expenditure or distrib- 
ution of State funds. 

This Rule is an amendment to the current rule of 
the Securities Division at 18 NCAC 6 .1202. The 
proposed effective date is February 1 , 1991 . 

CHAPTER 6 - SECURITIES DIVISION 
SFXTION .1200 - EXEMPTIONS 

.1202 RECOGNIZED SECURITIES MANUALS 

(a) The publications recognized by the admin- 
istrator as securities manuals for the purposes set 
forth in G.S. 78A-17(2)a. shall be: 

(1) Standard and Poors Corporation Re- 
cords, 

(2) Moody's Industrial Manual, 

(3) Moody's Over-the-Countcr Industrial 
Manual, ami 

(4) Moody's International Manual, and 

(5) f-ty Periodic supplements to each recog- 
nized securities manual. 

Other publications may be recognized by the ad- 
ministrator, on a case by case basis, upon a 
showing that the information required by G.S. 
78A-17 (2)a. is actually contained in the publi- 
cation. 



Statutory Authority 
78A-49(a). 



G.S. 78A-17(2)a.; 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARD 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the North Carolina State Board of 
Cosmetic Art Examiners intends to amend rule(s) 
cited as 21 NCAC 14 A .0101; 14G .0001, .0003, 
.0007 - .0011, .0013 - .0016; 1411 .0001 - .0002, 
.0005, .0009, .0012. .0018; 141 .0101, .0103 - 
.0109, .0201 - .0205, .0301 - .0303; 14K .0003 - 
.0004; 14L .0101. .0208 - .0211, .02/4; repeal 
rule(s) cited as 21 NCAC 14G .0004, .0006; 14L 
.0102. .0202, .0204, .0207; and adopt rule(s) cited 
as 21 NCAC 14L .0105 - .0/08. .0215 - .0216. 

1 he proposed effective dale of this action is 
February I, 1991. 



927 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



1 he public hearing will be conducted at 10:00 
a.m. on November 19, 1990 at the N.C. State 
Board of Cosmetic Art Examiners, 4101 Capital 
Blvd., Suite H, Raleigh, N.C. 27604. 

y^omment Procedures: Written comments 
and/or requests for information or copies of the 
above rules may be sent to Vicky R. Goudie, 
Executive Secretary, N.C. State Board of Cos- 
metic Art Examiners, 4101 Capital Blvd., Suite 
H, Raleigh, N.C. 27604. Written and oral com- 
ments (for no more than ten minutes) on these 
Rules may be presented at the hearing. Notice 
should be sent to Mrs. Goudie at least three days 
prior to the hearing, if you desire to speak. 
Note: 21 NCAC 141 .0105 is set for rule-making 
on September 17, 1990, and has been or will be 
considered separately from the manicurist school 
rules. 

CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 

SUBCHAPTER I4A - DEPARTMENTAL RULES 

SECTION .0100 - ORGANIZATIONAL RULES 

.0101 DEFINITIONS 

The following definitions apply in this Chapter: 

(1) "Beauty Establishment. A cosmetology 
school e+ a beauty salon. Fstahlishment" 
refers to both cosmetic art schools and cos- 
metic art shops. 

(2) "Board" refers to the North Carolina State 
Board of Cosmetic Art Examiners. 

(3) Cosmetology School. A boauty college, 
beauty institution, cosmetic art school, e* 
other school where cosmetology i« taught. 
"Cosmetic Art School" refers to any place 
where cosmetic art, as defined by G.S. 88-2, 
or methods of teaching cosmetic art arc- 
taught for purposes of licensing by the 
Board regardless of the title of the school or 
program. 

(4) "Cosmetic Art Shop" refers to any build.- 
ing, or part thereof, wherein cosmetic art, as 
defined by G.S. 88-2, is practiced, other than 
a cosmetic art school. A cosmetic art shop 
includes beauty parlors, hair dressing estab- 
lishments and nail shops. 

(5) "Cosmetology School" is any cosmetic art 
school which is not a manicurist school. 

(6) "Cosmetology Student" is a student in any 
cosmetic art school with the exception of a 
manicurist student. 

(7) "Cosmetology Teacher" is any teacher 



cosmetic arts, but who is not necessarily a 
manicurist teacher. 
(8) "Manicuring" is that set of cosmetic arts 
related to the nails, 



hands, arms and feet. 

It includes traditional manicuring, 

pedicuring, arm and hand massages, and all 

types of artificial nails. 
(9) "Manicurist School" is a cosmetic art 

school which teaches only the cosmetic arts 

of manicuring. 
(10) "Manicurist Student" is a student in an 



cosmetic art school whose study is limited 
to the manicurist curriculum set forth in 21 
NCAC 14K .0002. 

(11) "Manicurist Teacher" is a teacher who is 
licensed by the Board to teach only the 
manicuring curriculum. 

(12) "Nail Shop" is a cosmetic art shop which 
practices only the cosmetic arts of 
manicuring. 

Statutory Authority G.S. 88-1. 

SUBCHAPTER 14G - REQUIREMENTS FOR 

THE ESTABLISHMENT OF COSMETIC ART 

SCHOOLS 

.0001 REQUIREMENTS FOR OPERATING 
COSMETIC ART SCHOOLS 

Persons desiring to operate a cosmetology cos- 
metic art school in the state of North Carolina 
must make application to the Board on an ap- 
plication blank to be furnished by the Board, and 
must furnish proof of reliability, financial and 
otherwise. 

Statutory Authority G.S. 88-23; 88-30. 

.0003 SPACE REQUIREMENTS 

(a) The cosmetology Cosmetic Art Board will 
issue letters of approval only to cosmetology 
schools that have at least 3,000 square feet of in- 
side floor space located within the same building 
and have 30 stations, arranged to accommodate 
not less than 30 students and arranged so that- the 
course of study and training in cosmetology, as 
prescribed by the Board, may be given. All 
stations must be numbered numerically. 

(b) The beginner department must have suffi- 
cient space comfortably to accommodate at least 
ten students and must have at least 40 inches 
between mannequins. Cosmetology schools ap- 
proved with 3,000 square feet of inside tloor 
space may enroll no more than 60 students at 
one time, and for each student enrolled in addi- 
tion to 60 students, 50 square feet of inside floor 
space must be provided. 

(c) In addition each cosmetology school must 
■vho is licensed by the Board to teach the have 30 hairdressing stations, arranged to ac- 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



928 



PROPOSED RULES 



commodate not less than 30 students and ar- 



manicurist teacher and a registered manicurist 



cosmetology, as prescribed by the Board, may 
be given. All stations must be numbered nu- 
merically. 



(d) Cosmetology schools must also have a be- 
ginner department containing sufficient space to 
comfortably accommodate at least ten students 

inches 



at least 40 



between 



and having 
mannequins. 

(e) The Board will issue letter of approval only 
to manicurist schools that have at least 1 .000 
square feet. 

(f) Manicurist schools with 1.000 square feet 
of inside floor space shall enroll no more than 20 
students at one time, and for each student en- 
rolled in addition to 20 students. 50 square feet 
of inside floor space must be provided. 

(g) hi addition, manicurist schools must have 
ten manicurist tables and chairs a minimum of 
two feet apart . side to side, arranged to 
comfortably accommodate ten students. 



ranged so that the course of study and training in not licensed bv this Board as a manicurist teacher 

mav substitute for a manicurist teacher. In no 
event mav such a substitution last for more than 
ten working days. 

Statutory- Authority G.S. 88-23; 88-30. 

.0008 VISITATION 

The Board shall visit every cosmetology cos- 
metic art school that applies for a letter of ap- 
proval. 

Statutory Authority G.S. 88-23; 88-30. 

.0009 STUDENT CREDIT 

No student shall be given credit for any hours 
earned in a cosmetology cosmetic art school be- 
fore the date the school is granted a letter of ap- 
proval. 

Statutory Authority G.S. 88-23; 88-30. 

.0010 TRANSFERABILITY OF LETTER OF 
APPROVAL 

Letters of approval issued to cosmetology cos- 
metic art schools are not transferrable, and are 
valid only for the location for which issued, and 
to the person to whom issued. 

Statutory Authority G.S. 88-23; 88-30. 

.001 1 CHANGE OF LOCATION: OWNERSHIP 
OR MANAGEMENT 

If the location of a cosmetology cosmetic art 
school changes, e£ or if there is a transfer of 
ownership of a cosmetology cosmetic art school, 
whether by sale, lease or otherwise, a new ap- 
proval application is required. 

Statutory Authority G.S. 88-23; 88-30. 

.0013 TEACHER/STL DENT RATIO 

(a) /Ml cosmetic art schools must provide one 
coomotology teacher must be provided for every 
20 students, or a fraction thereof, present. 

(b) This ratio must be adhered to at all times t&e 
school is schools are in operation. Refer to 21 
NCAC 14G .0015. 



Statutory Authority G.S. 88-23; 88-30. 
.0004 NT MBER OF STUDENTS (REPEALED) 

Statutory Authority G.S. 88-23. 

.0006 LIGHTING AND VENTILATION 
(REPEALED) 

Statutory Authority G.S. 88-23. 

.0007 EQUIPMENT AND TEACHERS 

(a) A cosmetology cosmetic art school must 
have the necessary classrooms and equipment for 
teaching as required by Subchapters 141 and 14J, 
and must provide a staff of cosmetic art teachers 
licensed by the Board. 

(b) The Board must will not accept an appli- 
cation for a letter of approval until all furniture, 
supplies and equipment as prescribed by the 
Board has been installed and the entire school is 
complete. 

(c) A cosmetologist who is not licensed to 
teach cosmetology may substitute for a 
cosmetology teacher in case of emergency. Oth- 
erwise, all courses in a cosmetology school must 
be taught by a cosmetology teacher. All courses 

other than manicuring courses in a cosmetic art Statutory Authority G.S. 88-23; 88-30. 
school must be taught bv a licensed cosmetology 
teacher and all manicurist courses must be taught 



bv either a licensed manicurist teacher or a hj_ 
censed cosmetology teacher. 

(d) Notwithstanding Paragraph (c) of this Rule, 
a registered cosmetologist not licensed to teach 
cosmetic art mav substitute for a cosmetology or 



.0014 SCHOOL AFFILIATION WITH 

COSMETIC ART SHOPS AND OTHER 
BUSINESSES 

(a) No cosmetic art shop B e auty shops or any 
other business shall »e4- be operated as 
cosmetology schools, a cosmetic art school. 



929 



5:14 NO RTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



(b) Cosmetic art Boauty shops or other busi- 
nesses operating adjacent to a cosmetology cos- 
metic art school shall be separated by a solid 
wall, floor to ceiling, with a separate entrance. 

Statutory Authority G.S. 88-23; 88-30. 

.0015 FAILURE TO COMPLY WITH RULES 

Failure of a ooomotology cosmetic art school to 
comply with the rules adopted by the Board is 
cause to revoke or suspend the school's letter of 
approval. 

Statutory Authority G.S. 88-23; 88-30. 

.0016 RE-EVALUATION OF SCHOOLS 

The Board reserves the authority to re-evaluate 
any coomotology cosmetic art school at any time. 

Statutory Authority G.S. 88-23; 88-30. 

SUBCHAPTER 1411 -SANITATION 

.0001 COPY OF RULES TO COSMETOLOGY 
STUDENTS 

Cosmetic art Coomotology schools must give a 
copy of the sanitation rules governing the prac- 
tice of coomotology the cosmetic arts to each 
student for study. : Phe Board muot give 
cosmetology schools sufficient copies e£ those 
rul e s fe* distribution te- thoso studonts. 

Statutory Authority G.S. 88-23; 88-30. 

.0002 COPY OF RULES TO BEAUTY 
ESTABLISHMENTS 

The Board must give copies of the rules of san- 
itation governing the practice of cosmetology 
cosmetic art to all beauty establishments. 

Statutory Authority G.S. 88-23; 88-30. 

.0005 SANITARY RATINGS AND POSTING 
OF RATINGS 

(a) The sanitary rating of a beauty establish- 
ment shall be based on a system of grading out- 
lined in this Subchapter. Based on the grading, 
all establishments will be rated in the following 
manner: 

(1) all establishments receiving a rating of at 
least 90 percent or more, shall be awarded 
a grade A; 

(2) all establishments receiving a rating of at 
least 80 percent, and less than 90 percent, 
shall be awarded grade B; and 

(3) all establishments receiving a rating of at 
least 70 percent, and less than 80 percent, 
shall be awarded grade C. 



(b) Every beauty establishment shall be given 
a sanitary rating. A cosmetology cosmetic art 
school is normally graded four times a year, and 
a boauty cosmetic art salon is normally graded 
twe tim e s twice a year. 

(c) The sanitary rating given to a beauty es- 
tablishment shall be posted in a conspicuous 
place at all times. 

(d) No beauty establishment shall be permitted 
to operate without first having obtained a sani- 
tary rating card with a grade of not less than 70 
percent. 

(e) Cosmetology Cosmetic art inspectors shall 
give each beauty establishment a new sanitary 
rating card each year. 

(f) Violation of any sanitary rules, or the oper- 
ation of a beauty establishment which fails to 
receive a sanitary rating of at least 70 percent 
(grade C) shall be sufficient cause for revoking 
or suspending the letter of approval or permit. 

(g) A re-inspection for the purpose of raising 
the sanitary rating of a beauty establishment shall 
not be given within 30 days of the last inspection, 
if the rating at the last inspection was less than 
70 percent. 

Statutory Authority G.S. 88-23; 88-30. 

.0009 VENTILATION AND LIGHT 

(a) All doors and windows shall be kept clean 
and, if open for ventilation, effectively screened. 

(b) Xocossary Fresh continuous ventilation shall 
be provided at all times. 

(c) Adequate light shall be provided for each 
operator. 

Statutory Authority G.S. 88-23. 

.0012 CLEANLINESS OF CLINIC AREA: 
SLPPLIES: COMBS AND BRUSHES 

(a) The clinic area shall be kept clean. 

(b) Waste material shall be kept in suitable 
covered receptacles. The area surrounding the 
waste receptacles shall be maintained in a neat 
and sanitary manner. 

(c) Sanitation rules which apply to towels and 
cloths are as follow: follows: 

(1) Separate and clean towels shall be used for 
each patron. 

(2) After a towel has been used once, it shall 
be discarded and placed in a clean, closed 
container until properly laundered. 

(3) Clean towels shall be kept in a clean, 
closed cabinet until they are needed. 

(4) Chair cloths and shampoo aprons shall 
be kept clean and shall not be allowed to 
come in direct contact with the patron's 
neck. 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



930 



PROPOSED RULES 



(d) The head rest of an operating chair shall 
be covered with a clean towel or other sanitary 
covering before being used. 

(e) At least six combs and brushes shall be 
provided for each cosmetology operator and 
cosmetology student. 

(f) /Ml combs, a«4 brushes and manicurist in- 
struments shall be cleaned and disinfected after 
each use in the following manner: 

(1) They shall be soaked in a cleaning solution 
that will not leave a residue and, if neces- 
sary, scrubbed. 

(2) They shall be disinfected by immersion for 
a least ten minutes in 70 percent by vol- 
ume isopropyl alcohol, or they shall be 
disinfected, in accordance with the man- 
ufacturer's instructions, with a disinfectant 
approved by the Federal Environmental 
Protection Agency. When selecting a 
disinfectant, care should be taken to 
choose one that will not shorten the ser- 
vice life of combs »f brushes, the comb, 
brush or manicuring instrument. In using 
a disinfectant, care should be taken to 
wear any personal protective equipment, 
such as gloves, recommended in the Ma- 
terial Safety Data Sheet prepared on the 
disinfectant by the manufacturer. 

(3) They shall be rinsed with hot tap water 
and dried thoroughly with a clean towel 
before their next use. If they are not used 
immediately, they shall be stored in a 
clean, closed cabinet until they are needed. 

Statutory Authority G.S. SS-23; S8-30. 

.0018 SYSTEMS OF GRADING BEAUTY 
ESTABLISHMENTS 

(a) The system of grading the sanitary rating 
of manicurist schools and nail shops, based on 
the rules set out in 21 NCAC 1411 .0006 to .0017 
shall be as follows, setting out areas to be in- 
spected and considered, and the points given for 
compliance: 

( 1 ) clean and well-repaired entrance and re- 
ception room ~ 2^ 

(2) general condition of the entire establish- 
ment - 8, 

(3) water system; hot and cold running water 
.. 2: 

(4) walls, ceiling and floors: 



( A ) construction and coverings — 4. 

(B) clean -- 4; 

((') good repair -- 3, 

(5) lighting and fresh continuous ventilation 
(windows included); their adequacy and 
cleanliness - 

(6) public toilet: 



(A) clean and well ventilated — 5; 

(B) soap and individual towels furnished -■ 

(C) hot and cold running water — 2^ 

(7) appearance of operators and students - 

(8) linens: 

(A) clean towels properly stored and in ad- 
equate supply — 2^ 

(B) soiled towels properly stored in closed 
containers ~ 2^ 

(9) waste in closed containers and clean area 

( 10) equipment cleanliness: 

(A) disinfectants selected from those ap- 
proved by the federal Environmental 
Protection Agency ~ 6^ 

(B) disinfectants used properly -- 5; 

(C) all implements cleaned, disinfected, and 
properly stored ^ 12; 

(D) booths clean ~ 8; 

(11) working area: 

(A) lavatories clean ~ 4^ 

(B) jars and containers closed, clean and 
disinfected » 2^ 

(C) no unnecessary' articles in work area - 
2 ; 

( 12) antiseptics and first aid supplies on hand 

(13) cosmetics: 

(A) clean and sanitary' conditions ~ 2^ 

(B) storage area for supplies clean and in 
order -j_ 3^ 

( 14) no animals or birds kept in establishment 

(b) The system of grading the sanitary rating of 
a all other beauty establishments, based on the 
rules set out in 21 NCAC 14H .0006 to .0017 
shall be as follows, setting out areas to be in- 
spected and considered, and the points given for 
compliance: 

clean and well-repaired entrance and re- 
ception room -- 2; 

general condition of the entire establish- 
ment -- 8; 
water system; hot and cold running water 



(1) 

(2) 
(3) 



(4) walls, ceiling and floors: 

(A) (a) construction and covering -- 4; 

(B) (4*> clean - 4; 

(C) (e) good repair -- 3; 

(5) lighting and ventilation (windows in- 
cluded); their adequacy and cleanliness — 
3; 

(6) public toilet: 

(A) fa} clean and well ventilated — 5, 

(B) (&) soap and individual towels furnished 
- 5, 



931 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



(C) (e) hot and cold running water — 2; 

(7) appearance of operators or students — 4; 

(8) linens: 

(A) fa) clean towels properly stored and in 
adequate supply -- 2, 

(B) fb) soiled towels properly stored in 
closed containers -- 2, 

(C) (e) hair cloths clean -- 1; 

(9) waste in closed containers and clean area 
--4; 

(10) equipment cleanliness: 

(A) fa) disinfectants selected from those ap- 
proved by the Federal Environmental 
Protection Agency, 

(B) fb) disinfectants used properly -- 5, 

(C) fe) all implements cleaned, disinfected, 
and properly stored -- 12; 

(11) working area: 

(A) fa) booths clean — 4, 

(B) fb) lavatories clean -- 4, 

(C) f©) jars and containers clean and disin- 
fected -- 2, 

(D) (4) no unnecessary articles in work area 
-- 2; 

(12) dryers clean and in repair --3; 

( 1 3) styling and shampooing chairs clean and 
sanitary -- 4; 

(14) antiseptics and first aid supplies on hand 

-- 1; 

(15) cosmetics: 

(A) fa) clean and sanitary condition -- 2, 

(B) fb) storage area for supplies clean and in 
order -- 3; 

(16) no domestic animals or birds kept in es- 
tablishment -- 1. 

Statutory Authority G.S. 88-23; 88-30. 



(6) complete breakdown of practical work 
performed by the student, 

(7) grades on all examinations taken by the 
student, and 

(8) date of graduation. 

(d) The original copy of all enrollment forms 
is to be filed with the Board, and the duplicate is 
to be held by the school. 

Statutory Authority G.S. 88-23; 88-30. 

.0103 INSPECTION AND REPORTS OF 
STUDENT HOURS 

(a) In addition to such other reports as may 
be required by the Board, coomotology cosmetic 
art schools must report to the Board or its au- 
thorized agent, upon inspection of the 
cosmetology cosmetic art school and at other 
times upon specific request, the names of all stu- 
dents currently enrolled and the hours completed 
by each. 

(b) The owner or manager of the coomotology 
cosmetic art school must read each inspection 
report made of the cosmetology school by an 
authorized agent of the Board to determine that 
the information on the inspection report is cor- 
rect and must sign the report. If any part of the 
information on the report is incorrect, it must be 
corrected before signing. 

(c) A report of all hours earned by each student 
during the preceding month to the Board by the 
15th of each month covering the hours earned. 

(d) Reports must be mailed in on forms ap- 
proved by the Board. 

(e) The Board must be notified by letter prior 
to demonstrators, lecturers or observers being in 
the school. 



SUBCHAPTER 141 - OPERATIONS OF 
SCHOOLS OF COSMETIC ART 

SECTION .0100 - RECORD KEEPING 

.0101 PERMANENT FILES 

(a) A section of a cosmetology cosmetic art 
school shall contain at least a suitable desk, chair 
and a permanent file suitable for permanent re- 
cords of matriculations of all students enrolled. 

(b) Permanent files shall be kept under lock 
and key, in the beauty establishment, subject to 
inspection by the Board or its authorized agents. 

(c) Included in this file shall be permanent re- 
cords of the matriculations of all students en- 
rolled including the following: 

(1) names and addresses of students, 

(2) places and dates of birth, 

(3) Social Security number, 

(4) date students entered school, 

(5) number of hours earned, 



Statutory Authority G.S. 88-23; 88-30. 

.0104 WITHDRAWALS 

(a) When a student who is enrolled in a 
coomotology cosmetic art school withdraws from 
such school, whether by reason of transfer to 

^another school, dismissal, suspension, voluntary 
disenrollment, or for any reason other than 
graduation, a report thereof shall be forwarded to 
the Board within 20 days of withdrawal. 

(b) Such report shall contain the following: 

(1) name of the student, 

(2) Social Security number, 

(3) the last date of attendance, 

(4) the reason for withdrawal (if known), and 

(5) the hours completed at the time of with- 
drawal. 

Statutory Authority G.S. 88-23; 88-30. 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



932 



PROPOSED RULES 



.0105 TRANSFER OF CREDIT 

(a) In order that hours may be transferred from 
one cosmetology cosmetic art school to another, 
a student must pass an entrance examination 
given by the school to which the student is 
transferring, te- covering the portion of work 
completed in the previous school or schools at- 
tended. 

(b) A cosmetology student must complete at 
least 250 hours in the cosmetology cosmetic art 
school certifying his or her application for the 
state board examination. 

(c) Upon written petition bv the student, the 
Board, in its discretion, may waive the require- 
ments set forth in Paragraph (b) of this Rule if 
the student shows that unusual circumstances 
beyond the student's control prohibited him or 
her from completing 250 hours at the school 
which certifies his or her application. 

Statutory Authority G.S. 88-23; 88-30. 

.0106 STL DENT DAILY RECORDS 

All daily records kept by a cosmetology cos- 
metic art school on a student must be kept in the 
school's permanent files for future reference until 
the date the student is accepted for the state 
board examination or ten years after the date the 
student first enrolled in the school, whichever 
occurs earlier. 

Statutory Authority G.S. 88-23; 88-30. 

.0107 REPORT OF ENROLLMENT 

(a) A cosmetology cosmetic art school must 
report enrollments to the Board not later than 
30 days after a student enrolls in school. If a 
student's enrollment is not reported within 30 
days, the cosmetology cosmetic art school must 
file a copy of the student's daily time records 
when it reports the student's enrollment. 

(b) A student whose enrollment has not been 
properly reported to the Board will not be ac- 
cepted for either the cosmetology examination 
or the manicurist examination, and no hours will 
be credited. 

(c) The North Carolina State Board of Cos- 
metic Art Examiners' Statement of Purpose for 
Cosmetology Cosmetic Art Education must be 
given to each student at the time of enrollment. 
An acknowledgement of receipt of this must be 
signed by the student and kept by the 
cosmetology school with the permanent records 
of the student. 

Statutory Authority G.S. 88-23; 88-30. 

.0108 SEAL 



Each cosmetology ' cosmetic art school must 
have an identifying seal, to be used on all appli- 
cations, reports, drop-out notices, and other of- 
ficial pap e r, papers. 

Statutory Authority G.S. 88-23; 88-30. 

.0109 SUMMARY OF COSMETIC ART 
EDUCATION 

(a) The manager of each cosmetology cosmetic 
art school must compile, from the school's re- 
cords, a summary of each student's grades, hours, 
live model performance completions, date of en- 
rollment, and last date of attendance. The sum- 
mary must be presented to the student upon 
graduation or within 30 days after the student's 
last day of attendance. 

(b) This summary 1 must be signed by the 
manager, a teacher, and the student and must 
have the seal of the school affixed. 

(c) The summary must be prepared on a form 
furnished by the Board and, if presented upon 
graduation, a copy of the summary must be 
mailed to the Board at the Board's address. 

Statutory Authority G.S. 88-23; 88-30. 

SECTION .0200 - RECEPTION AREA 

.0201 RECEPTION AREA 

Each cosmetology cosmetic art school must 
provide a reception area for its patrons. 

Statutory Authority G.S. 88-23; 88-30. 

.0202 RECEPTION AREA SIGN 

Each cosmetology cosmetic art school must 
display a sign in a conspicuous place in the re- 
ception area. 1 ne sign cannot be smaller than 
12 inches by 18 inches, and must read as follows 
and in no other way: " School ef Beauty Culture 
Cosmetic Art School -Work Done Exclusively 
by Students." 

Statutory Authority G.S. 88-23; 88-30. 



.0203 BULLETIN BOARD 

Each cosmetology cosmetic art 



school must 



have a bulletin board in a conspicuous place in 
the reception area on which must be displayed 
at all times the letter of approval and annual 
school certificate issued by the Board, and any 
letter, bulletin, or memorandum issued by the 
Board which states that it is to be posted. 

Statutory Authority G.S. 88-23; 88-30. 

.0204 SANITATION RLLES 



933 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



A copy of the sanitation rules governing the 
practice of ooomotology cosmetic arts must be 
posted in a conspicuous place in the reception 
area of a ooomotology cosmetic art school so all 
persons can read the rules. 

Statutory Authority G.S. 88-23; 88-30. 

.0205 DRESSING ROOM 

(a) Each ooomotology cosmetic art school must 
provide a dressing room for its students. 

(b) The dressing room must have lockers or 
suitable space for storing wearing apparel of each 
student. 

Statutory Authority G.S. 88-23; 88-30. 

SECTION .0300 - CLASSROOMS 

.0301 RECITATION ROOM 

(a) Each coomotology cosmetic art school must 
have a recitation room, large enough to accom- 
modate all 20 students, enrolled, which shall be 
equipped with desks or chairs suitable for class- 
room work, a chair chair(s) suitable for demon- 
strating cosmetology practices, a blackboard, and 
charts, except that the demonstration chair(s) in 
a manicurist school need be suitable only for 
demonstrating manicuring and pedicuring prac- 
tices. 

(b) Charts in the recitation room must include 
those with illustrations of the skin, bones, mus- 
cles, and nerves of the head, neck, feet, and 
hands, except that the set of charts in a 
manicurist school need not include those illus- 
trating the head and neck. 



(a) Each classroom must have a bulletin board 
on the wall. 

(b) Any memorandum, letter, or bulletin issued 
by the Board, which states that it is to be posted 
in the cosm e tology a cosmetic art school for the 
information of the students, must be posted on 
this bulletin board. 

(c) A copy of the sanitary rules must be posted 
on this bulletin board, also. 

Statutory Authority G.S. 88-23; 88-30. 

SUBCHAPTER I4K - MANICURIST TRAINING 
CURRICULUM 

.0003 EQUIPMENT AND INSTRUMENTS 

Sufficient equipm e nt fof p e rforming manicuroo 
ohall be provided fof each student enrolled fof a 
couroo m- manicuring. 

(a) A manicurist school shall be equipped with 
the following minimum equipment: 

( 1) two handwashing sinks, separate from 
restrooms, located in or adjacent to the 
clinic area, 



Statutory Authority G.S. 88-23; 88-30. 

.0302 LIBRARY 

(a) A coomotology cosmetic art school must 
have a small library of reference books available 
for the students' use, covering major ethnic cul- 
tures in the State of North Carolina. 

(b) 1« addition te The library of all cosmetic art 
schools shall include the textbooks used in the 
school, the library shall contain a standard dic- 
tionary, a medical dictionary, and any other 
books relative to all fields e£ ooomotology. the 
cosmetic arts. The library in a cosmetology 
school shall also include reference books covering 
major ethnic cultures in the State of North 
Carolina. Students should be able to research in 
the school's library the field of cosmetic art which credit are not allowed to work~ on the public. 



(2) adequate chairs for patrons in the clinic 
area, 

(3) ten work tables with adequate light in the 
clinic area for every 20 students, 

(4) pedicure chair and basin, 

(5) one wet and one dry sterili/.cr for each 
work table, 

(6) a covered waste container for each work 
table, and 

(7) a covered container for soiled or dispos- 
able towels for each work table; 

(b) Fach student shall be supplied with: 

( 1) a manicurist bowl, 

(2) nail brushes, 

(3) a trav for manicuring supplies, 

(4) one set of mannequin hands, 

(5) a manicuring kit containing proper imple- 
ments for manicuring and pedicuring, and 

(6) implements for artificial nails, nail wraps 
and tipping. 

Statutory Authority G.S. 88-23; 88-30. 

.0004 SERVICES PERFORMED 

No student enrolled in a course for manicuring 
only, shall perform any services in the 
coomotology cosmetic art school except those 
directly related to the prescribed course in 
manicuring. Students with less than 16 hours 



they are studying 



Statutory Authority G.S. 88-23; 88-30. 
.0303 CLASSROOM BULLETIN BOARD 



Statutory Authority G.S. 88-23; 88-30. 

SUBCHAPTER I4L - COSMETIC ART 
TEACHERS 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



934 



PROPOSED RULES 



SECTION .0100 - TEACHER QUALIFICATIONS 
AND EXAMINATIONS 

.0101 QUALIFICATIONS - COSMETOLOGIST 
TEACHERS 

(a) To be a cosmetology teacher, an applicant 
must: 

( 1 ) have a high school diploma or a high 
school graduation equivalency certificate; 

(2) have either: 

(A) practiced cosmetology in a beauty salon 
cosmetic art shop for a period equivalent 
to five years of full-time work; or 

(B) completed an 800-hour teacher training 
course in a cosmetology set forth in Rule 
14L .0202(a) in an approved cosmetic art 
school and practiced cosmetology in a 
beauty salon cosmetic art shop for a pe- 
riod equivalent to six months of full-time 
work; and 

(3) pass the cosmetology teacher's examina- 
tion. 

(b) The required six months' experience may 
be gained while a cosmetologist is enrolled in a 
teacher trainee course, but it must consist of ex- 
perience in a salon, cosmetic art shop. 

(c) fb4 This Rule applies to applicants who 
submit an application to be a cosmetology 
teacher on or after August 1, 1989, except those 
who were enrolled in a teacher training course 
on that date. The rules in effect until August 1, 
1989 apply to applicants who were enrolled in a 
teacher training course on that date. 

Statutory Authority G.S. 88-23. 

.0102 TEACHER TRAINING CURRICULUM 
(REPEALED) 

Statutory Authority G.S. 88-23. 

.0105 QUALIFICATIONS - MANICURIST 
TEACHERS 

(a) To be a manicurist teacher, an applicant 
must: 

( 1 ) have a high school diploma or a high 
school graduation equivalency certificate; 

(2) be a registered manicurist in this State; 

(3) have either: 

(A) practiced manicuring in a cosmetic art 
shop for a period equivalent to five years 
of full-time work; or 

(B) completed a 320-hour teacher training 
course in manicuring as set forth in Rule 
14L .0202(b) in an approved cosmetic art 
school and practiced manicuring in a cos- 
metic art shop for a period equivalent to 
six months of full-time work; and 



(4) pass the manicurist teacher's examination. 
(b) The required six months' experience may 
be gained while a manicurist is enrolled in a 
teacher trainee course, but it must consist of ex- 
perience in a cosmetic art shop. 

Statutory Authority G.S. 88-23. 

.0106 APPLICATION TO TAKE EXAMINATION 

(a) To apply to be a cosmetic art teacher, an 
applicant must apply to the Board on a form 
provided by the Board. The form requires the 
applicant to provide proof of the qualifications 
listed in either Rules .0101 or .0102 of this Sec- 
tion. 

(b) The Board will not consider an application 
until the applicant submits all the information 
required by the application form. 

(c) An applicant cannot take the cosmetic art 
teacher examination until the Board approves the 
applicant's application. 

Statutory Authority G.S. 88-23. 

.0107 PASSING SCORE RE-EXAMINATION 

(a) An applicant must score at least 85 on each 
part of the appropriate teacher's examination to 
pass. 

(b) An applicant who fails the examination 
twice may not take the examination again until 
the applicant takes additional cosmetology or 
manicurist courses or takes other steps to in- 
crease the likelihood that the applicant will pass 
the examination. 

(c) The Board determines the adequacy of steps 
taken by an applicant pursuant to Paragraph (b) 
on a case-by-case basis, taking into consideration 
the amount by which the applicant failed the ex- 
amination and other relevant factors. 

Statutory Authority G.S. 88-23. 

.0108 TEACHER TRAINEE NOTEBOOK 

Two lesson plans must be written from a 
standard textbook at the examination site. 

Statutory Authority G.S. 88-23. 

SECTION .0200 - TEACHER PROGRAM AND 
CURRICULUM 

.0202 APPLICATION TO BE COSMETOLOGY 
TEACHER (REPEALED) 

Statutory: Authority G.S. 88-23. 

.0204 PASSING SCORE FOR TEACHER'S 

EXAM AND RETAKING FAILED EXAM 
(REPEALED) 



935 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



PROPOSED RULES 



Statutory Authority G.S. 88-23. 

.0207 TEACHER TRAINEE NOTEBOOK 
(REPEALED) 

Statutory Authority G.S. 88-23. 

.0208 SUPERVISION OF COSMETIC ART 
TEACHER TRAINEE 

(a) A cosmotology cosmetic art teacher trainee 
must be supervised by a cosmotology cosmetic 
art teacher at all times when the trainee is at a 
cosmotology cosmetic art school. 

(b) Notwithstanding Paragraph (a) of this 
Rule, a manicurist teacher may not supervise a 
cosmetologist teacher trainee with regard to any 
cosmetic art other than manicuring, as defined in 
Rule 14A .0101(8). 

(c) Violation of this Rule is just cause to revoke 
the Board's approval of the cosmetology cos- 
metic art school's teacher trainee program for a 
period of one year. 

Statutory Authority G.S. 88-23. , 

.0209 TIME REQUIREMENTS 

(a) A cosmetology cosmetic art teacher trainee 
program may be a full-time program or a part- 
time program. A cosmotology cosmetic art 
teacher trainee, however, may not receive credit 
for more than eight hours per day. 

(b) The cosm e tology cosmetic art school in 
which the teacher trainee is enrolled must keep a 
record of the hours a trainee earns each day. The 
record of hours is subject to inspection by the 
Board. 

Statutory Authority G.S. 88-23. 

.0210 EFFECT ON STUDENT-TEACHER RATIO 

A student who is a cosm e tology cosmetic art 
teacher trainee need not be counted as a student 
in computing the allowable student-teacher ratio 
set by Rule MG .0013. el Subchapter 44Gr 
However, a cosmetology cosmetic art school 
howovor, must have at least one cosmetology 
cosmetic art teacher for every five teacher train- 
ees, and a cosmetology cosmetic art school may 
not count a teacher trainee as a cosmetology 
cosmetic art teacher in computing the allowable 
student-teacher ratio set bv Rule 14G .0013. 

Statutory Authority G.S. 88-23. 

.021 I WORK ON PUBLIC PROHIBITED 

A cosmotology cosmetic art teacher trainee may 
not perform work e» A** public wliilo clinical 



services on a patron at the cosmetology cosmetic 
art school. 

Statutory Authority G.S. 88-23. 

.0214 FEE 

An applicant for a cosmotology cosmetic art 
teacher's license must pay a fee of ten dollars 
($10.00) for the license. The Board will not issue 
a license until this fee is paid. 

Statutory Authority G.S. 88-2 J; 88-23. 

.0215 TEACHER'S MANUAL AND 
SUPERVISION 

(a) Persons receiving teacher training in a cos- 
metic art school shall be furnished a teacher's 
manual and shall spend all of their training time 
under the direct supervision of a licensed cos- 
metic art teacher and shall not be left in charge 
of students or the school at any time. 

(b) Teacher trainees may present lessons they 
have prepared under the direct supervision of a 
licensed cosmetic art teacher as long as the 
supervising teacher is present in the classroom. 

Statutory Authority G.S. 88-23. 

.0216 TEACHER TRAINING CURRICULUM 

(a) To meet the approval of the Board, a 
cosmetologist teacher training course must con- 
sist of at least 800 hours of instruction in theory 
and practical application, divided as follows: 

(1) One hundred fifty hours of instruction on 
methods of teaching and the laws govern- 
ing cosmetology, to include the following 
topics: 

(A) instruction in teaching techniques; 

(B) instruction in preparing lesson plans; 

(C) instruction in preparing class lectures 
and presentations; 

(D) instruction in preparing examinations; 
and 

(E) Chapter 88 of the North Carolina 
General Statutes and the Rules of the 
Board. 

(2) Six hundred fifty hours of practice teach- 
ing, to include the following: 

(A) conducting theory classes from pre- 
pared lesson plans; 

(B) preparing and giving examinations; and 

(C) giving practical demonstrations. 

(b) To meet the approval of the Board, a 
manicurist teacher training course must extend 
over a period of at least three months and include 
320 hours of training as follows: 

(1) lesson planning and presentations - 50 
hours; 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



936 



PROPOSED RULES 



(2) testing - 25 hours; (8) basic teaching methods - 60 hours; 

(3) education - 50 hours (vocabulary' devel- (9) teaching principles - 30 hours; 
opment); (10) personality and teaching - 25 hours; and 

(4) demonstration and lecturing - 25 hours; (i j) chemical usage - 10 hours. 

(5) teaching aides - 15 hours; 

(6) classroom management - 25 hours; Statutory Authority G.S. 88-23. 

(7) rules and law - 5 hours; 



937 5:14 NORTH CAROLINA REGISTER October 15, 1990 



FINAL RULES 



1 he List of Rules Codified is a listing of rules that were filed to be effective in the month indicated. 

l\ules filed for publication in the NCAC may not be identical to the proposed text published pre- 
viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please 
contact this office if you have any questions. 

Adopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions ofG.S. 150B, Article 2 requiring 
publication in the N.C. Register of proposed rules. 

U pon request from the adopting agency, the text of rules will be published in this section. 

1 unctuation, typographical and technical changes to rules are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the rule. 



TITLE 5 
DEPARTMENT OF CORRECTION 

CHAPTER 2 - DIVISION OF PRISONS 

SUBCHAPTER 2F - CUSTODY AND SECURITY 

SECTION .1000 - CONTROL OF INMATES 

.1001 CONTROL PROCEDURE 

(a) Control Center. Terminal access to divisional record and data systems should be established and 
maintained in the control center at each divisional facility. 

(b) Control Board. A control board should be maintained which specifies the housing and primary 
job or program assignment for each inmate assigned to the unit. The control board may consist of 
either roster listings from the Inmate Assignment System and/or copies of the inmate identification 
card. 

(c) Operational Counts. A master operational count record should be maintained in the control 
center of each unit showing the assignment categories and housing locations of the imate population. 

(d) Head Counts. Counts should be performed at least two times daily in all units and institutions. 

(e) Control of Assigned Inmates. In addition to routine head counts, each officer assigned to a par- 
ticular detail shall maintain a continuous and frequent check of inmates under his supervision to ensure 
an accurate count. 

History Note: Statutory Authority G.S. 14S-4; 148-11; 
Eff. July 1, 1976; 
Amended Eff. November 1 , 1990. 

.1002 RESPONSIBILITY 

(a) Supervisory Responsibility. An officer charged with custodial supervision of inmates outside the 
confines of a prison facility shall be responsible for an accurate count prior to releasing them to his 
replacement. The replacement correctional officer shall insure the accuracy of the count prior to as- 
suming responsibility. No officer shall accept custody of a group of inmates outside prison confines 
until he has counted them, learned where they are permitted to go, what they are to do while under 
his supervision, and when his responsibility ends. When an officer takes charge of the work detail, he 
shall make sure that each inmate in the group is physically able to perform the assigned work. Inmates 
who are ill will be referred to the unit medical staff for treatment. 



5:14 NORTH CAROLINA REGISTER October 15. 1990 



938 



FINAL RULES 



(b) Divisional Record Procedures. Changes in counts caused by receipt, release, transfer or escape 
of inmates will be documented as soon as practicable after they occur through the Inmate Assignment 
System. These individual agent of the Director of Prisons and within the territorial limits of the State 
of North Carolina, the custodial agent shall be responsible for including the inmate or inmates in these 
daily counts by the control center. 

Histon- Sole: Statuton Authority G.S. 14S-4; 14S-1 1 ; 
Eff.Jufy I, 1976; 

Amended Eff. Sovember 1 , 1990. 

TITLE 10 
DEPARTMENT OF HUMAN RESOURCES 

CHAPTER 45 - NORTH CAROLINA DRUG COMMISSION 

SUBCHAPTER 45H - DRUG TREATMENT FACILITIES 

SECTION .0200 - SCHEDULES OF CONTROLLED SUBSTANCES 

.0202 SCHEDULE I 

(a) Schedule I shall consist of the drugs and other substances, by whatever official name, common 
or usual name, chemical name or brand name designated listed in this Rule. Each drug or substance 
has been assigned the Drug Enforcement Administration controlled substances code number set forth 
opposite it. 

(b) Opiates. L'nless specifically excepted or unless listed in another schedule, any of the following 
opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the 
existence of such isomers, esters, ethers and salts is possible within the specific chemical designation: 

(1) Acetyl-alpha-methylfentanyl (N-[l-(l-methyl 
-2-phenethvl)-4-piperidmvl]-N-phenvlacetamide) 981 5 

(2) Acetvlmethadol 9601 

(3) Allvlprodine 9602 

(4) Alphacetylmethadol wi3 

(5) Alphameprodine 9604 

(6) Alphamethadol 9605 

(7) Alpha-methylfentanyl (N-[l-(alpha -methyl-beta- 
phenyl) ethyl-4-piperidyl] propionamlide: 1-(1- 
methyl-2-phenylethyl)-4-(N-propanilido) piperidine) 9814 

(8) Alpha-methylthiofentanyl (N-[l-methyl-2- 
(2-thien\i)ethvl-4-piperidinyl]-N-phen\ipropanamide) 9832 

(9) Benzethidine" 9606 

(10) Betacetvlmethadol 9607 

(11) Beta-hydro xyfentanyl (N-[l-(2-hydroxy-2- 
phenethyl)-4-piperidinylJ-N-phenylpropanamide) 9830 

(12) Beta-hydroxy-3-methylfentanyl (other name: 
N-[l-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidm\i]- 
Nphenylpropanamide) 9831 

(13) Betameprodine 9608 

(14) Betamethadol 9609 

(15) Betaprodme 9611 

(16) Clomtazene 9612 

(17) Dextromoramide 9613 

(18) Diampromide 9615 

(19) Diethvlthiambutene 9616 

(20) Difenoxin 9 168 

(21) Dimenoxadol 9617 

(22) Dimepheptanol 9618 

(23) Dimethylthiambutene 9619 

(24) Dioxaphetyl butyrate 9621 

(25) Dipipanone 9622 



939 5:14 NORTH CAROLINA REGISTER October 15, 1990 



FINAL RULES 



(26) Ethylmethylthiambutene 9623 

(27) Etonitazene 9624 

(28) Etoxendine 9625 

(29) Furethidine 9626 

(30) Hvdroxypethidine 9627 

(31) Ketobemidone 9628 

(32) Levomoramide 9629 

(33) Levophenacylmorphan 9631 

(34) 3-Methylfen'tanyl (N-[3-methyl-l-(2-phenylethyl)- 
4-piperidyl)-N-phenylpropanamide) 9813 

(35) 3-methylthiofentanyl (N-[(3-methyl-l-(2- 

thienyl) ethyl-4-piperidinyl)-N-phenylpropanamide) 9833 

(36) l-methyl-4-phenyl-4-propionoxypiperidine (MPPP) 9661 

(37) l-(2-phenethyl)-4-phenvl-4-acetoxy-piperidine 

(PEPAP) 9663 

(38) Morphendine 9632 

(39) N-[l-(2-thienyl) methyl-4-pipendyl|-N- 
phenylpropanamidc (thenylfentanyi), its optical 

isomers, salts and salts of isomers 9834 

(40) N-[ l-benzyl-4-piperid\ l]-N-phenylpropanamide 
(benzylfentanyl), its optical isomers, salts and 

salts of isomers 9818 

(41) Noracymethadol 9633 

(42) Norleyorphanol 9634 

(43) Normethadone 9635 

(44) Norpipanone 9636 

(45) Para-fluorofcntanyl (N-(4-fluorophenyl)-N- 
[l-(2-phenethyl)-4-pipcridinyl]-propanamide) 9812 

(46) Phenadoxone 9637 

(47) Phenampromide 9638 

(48) Phenomorphan 9647 

(49) Phenoperidine 9641 

(50) Piritramide 9642 

(51) Proheptazine 9643 

(52) Propendme 9644 

(53) Propiram 9649 

(54) Racemoramide 9645 

(55) Thiofentanyl (N-phcnyl-N-[l-(2-thienyl) 
ethyl-4-piperidinyl|-propanamide) 9835 

(56) Tilidine 9750 

(57) Trimeperidine 9646 

(c) Opium Derivatives. Unless specifically excepted or unless listed in another schedule, any of the 
following opium derivatives, its salts, isomers and salts of isomers whenever the existence of such salts, 
isomers and salts of isomers is possible within the specific chemical designation: 

(1) Acetorphine 9319 

(2) Acetyldihydrocodeine 9051 

(3) Benzylmorphine 9052 

(4) Codeine methylbromide 9070 

(5) Codeine- \-Oxide 9053 

(6) Cyprenorphine 9054 

(7) Desomorphine 9055 

(8) Dihydromorphine 9145 

(9) Etorphine (except hydrochloride salt) 9056 

(10) Heroin 9200 

(11) Hydromorphinol 930 1 

(12) Methyldesorphine 9302 

(13) Methyldihydromorphine 9304 

(14) Morphine methylbromide 9305 

( 1 5) Morphine methylsulfonate 9306 



5:14 NORTH CAROLINA REGISTER October 15, 1990 940 



FINAL RULES 



(16) 


Morphine-N-Oxide 


(17) 


Myrophine 


(18) 


Nicocodcine 


(19) 


Nicomorplune 


(20) 


Normorphine 


(21) 


Pholcodinc 


(22) 


Thebacon 


(23) 


Drotebanol 



9307 
9308 
9309 
9312 
9313 
9314 
9315 
9335 
(d) Hallucinogenic Substances. Unless specifically excepted or unless listed in another schedule, any 
material, compound, mixture or preparation which contains any quantity of the following 
hallucinogenic substances, or which contains any of their salts, isomers and salts of isomers, whenever 
the existence of such salts, isomers and salts of isomers is possible within the specific chemical desig- 
nation (for purposes of this Paragraph only, the term "isomer" includes the optical, position and ge- 
ometric isomers): 

( 1 ) 3,4-methylenedioxy amphetamine 7400 

(2) 3,4-methylenedioxy-N-ethylamphetamine (also 
known as N-ethyl-alpha-methyl-3,4(methvlenedioxy) 

phenethylamine, N-ethyl MDA, MDE, and MDEA) 7404 

(3) 5-methoxy-3,4-methvlenedioxy-amphetamine 7401 

(4) 3,4,5-trimethoxy amphetamine 7390 

(5) Bufotenine 

Some trade and other names: 

3-(B-Dimethylaminoethyl)-5-hydroxN indole; 

3-(2-dimethylaminoethyl)-5-Lndolol; 

N,N-dimethylserotonin; 5-hydroxy-N, 

N-dimethyltnptarmne; mappine. 7433 

(6) Diethyltryptamine 

Some trade and other names: 

N,N-Diethyltryptamine; DET 7434 

(7) Dimethyltryptamine 

Some trade and other names: 

DMT 7435 

(8) 3,4-methylenedioxymethamphetamine (MDMA) 
its optical, positional and geometric 

isomers, salts, and salts of isomers 7405 

(9) 4-methyl-2,5-dLmcthoxy-amphetamine 
Some trade or other names: 

4-meth\l-2.5-diniethoxv-a-methvlphenethvlamine; 
"DOM" 

and "STP." 

7395 

(10) Ibogaine 

Some trade and other names: 

7-Ethyl-6,6B,7,8,9, 1 0, 1 2, 1 3-octahydro-2- 

methoxy-6,9-methano-5H-pyrido ( 1 ,2': 1 ,2) 

azepino (5,4-b) indole; tabemanthe iboga. 7260 

(11) Lysergic acid diethylamide 
Some trade or other names: 

LSD 7315 

(12) Mescaline 7381 

(13) N-ethyl-1-phenylcyclohexylamine 7455 

(14) l-(l-phenylcyclohexyl)pyrrolidine 7458 

(15) Parahexyl 

Some trade or other names: 

3-Hexyl-l-hydroxy-7,8,9,10-tetrahvdro- 

6,6,9-trimethvl-6H-dibeny.o[b,d]pvran; 

Synhexyl. 7374 

(16) Peyote -- meaning all parts of the plant 
presently classified botanically as 



941 5:14 NORTH CAROLINA REGISTER October 15, 1990 



FINAL RULES 



Lophophora Williamsii Lemaire, whether 

growing or not; the seeds thereof; any 

extract from any part of such plant; and 

every compound, manufacture, salt, 

derivative, mixture or preparation of 

such plant, its seed or extracts. 7415 

(17) N-ethyl-3-piperidyl benzilate 7482 

( 1 8) N-hydroxy-3,4-methylenedioxyamphet- 
aminc (also known as N-hydroxy-alpha- 
methyl-3,4-(methylenedioxy)phenethyla- 

mine, and N-hydroxy MDA) 7402 

(19) N-methyl-3-piperidyl benzilate 7484 

(20) Psilocybin 7437 

(21) Psilocyn 7438 

(22) 2,5-dimethoxyamphetamine 
Some trade and other names: 
2,5-dirnethoxv-a-methvlphenethylarnine; 

2,5-DMA. 7396 

(23) 4-bromo-2,5-dimethoxy-amphetamine 
Some trade or other names: 
4-bromo-2,5-dimethoxy-a-methylphenethylamine; 

4-bromo-2,5-DMA. 7391 

(24) 4-methoxyamphetamine 
Some trade or other names: 
4-methoxy-a-methylphenethylamine; 

paramethoxyamphetamine; PMA. 7411 

(25) Thiophene analog of phencyclidine 
Some trade or other names: 
l-[l-(2-thienyl)-cyclohexyl]-piperidine; 

2-thienyl analog of phencyclidine; TPCP, TCP. 7470 

(26) l-[ l-( 2-thienyl )cyclohexyl]pyrrolidine 

Some other names: TCPy 7473 

(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material 
compound, mixture or preparation which contains any quantity of the following substances having a 
depressant effect on the central nervous system, including its salts, isomers and salts of isomers when- 
ever the existence of such salts, isomers and salts of isomers is possible within the specific chemical 
designation: 

(1) mecloqualone 2572 

(2) methaqualone 2565 

(f) Stimulants. Unless specifically excepted or unless listed m another schedule, any material, com- 
pound, mixture, or preparation which contains any quantity of the following substances having a 
stimulant effect on the central nervous svstem, including its salts, isomers, and salts of isomers: 

(1) Fenethylline 1503 

(2) {+_) cis-4-methylaminorex [(+_) cis-4,5-dihydro 
-4-methy 1 5-phenyl-2-oxazolamine] 

(also known as 2-amino-4-methyl-5 

-phenyl-2-oxazoline) 1590 

(3) N.N-dimethylamphetamine 
[also known as N.N.alpha- 
tnmettn lbenzeneethanamine: 

N,N,alpha-trimethylphencthylamine] 1480 

(4) N-ethylamphetamine 1475 

History Note: Statutory Authority G.S. 90-88; 90-89; 143B-I47; 
Eff. June 30. 1978; 
Amended Eff. November 1, 1990; October 1, 1990; August 1. 1990; December 1, 1989. 



5:14 NORTH CAROLINA REGISTER October 15, 1990 942 



FINAL RULES 



TITLE 19A 
DEPARTMENT OF TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR VEHICLES 

SUBCHAPTER 3D - LICENSE AND THEFT SECTION 

SECTION .0800 - SAFETY RILES AND REGULATIONS 



.0801 SAFETY OF OPERATION AND EQUIPMENT 

(a) The rules and regulations adopted by the U.S. Department of Transportation relating to safety 
of operation and equipment (49 CFR Parts 390-398 - formerly Parts 290-298 - and amendments 
thereto) shall apply to all for-hire motor carrier vehicles engaged in interstate commerce and intrastate 
commerce over the highways of the State of North Carolina, whether common carriers, contract carriers 
or exempt carriers. 

(b) The rules and regulations adopted by the U.S. Department of Transportation relating to safety 
of operation and equipment (49 CFR Parts 390-398 and amendments thereto) shall also apply to all 
private motor carriers engaged in the transportation of hazardous waste and radioactive waste in inter- 
state and intrastate commerce over the highways of the State of North Carolina. 

(c) The rules and regulations adopted by the U.S. Department of Transportation relating to safety 
of operation and equipment (49 CFR Parts 390-398 and amendments thereto) shall apply to all private 
motor carrier vehicles on the highways of the State of North Carolina used in commerce to transport 
cargo : 

( 1) if such vehicle has a gross vehicle weight rating of 10,000 pounds or more; or 

(2) if such vehicle is used in the transportation of materials found to be hazardous in accordance 
with the Hazardous Materials Transportation Act as amended in Title 49, Code of Federal 
Regulations. 

Provided, Part 396.17 shall not apply to vehicles operated by farmers or their employees solely within 
North Carolina. 

An intrastate motor carrier driver may not drive more than 12 hours following eight consecutive hours 
off duty: or for any period after having been on duty 16 hours following eight consecutive hours off 
duty; or after having been on duty 70 hours in seven consecutive days; or more than 80 hours in eight 
consecutive days. An intrastate driver will be determined by his previous seven days of operation. 

Persons who otherwise qualify medically to operate a commercial motor vehicle within the State of 
North Carolina will be exempt from provisions of Part 391.11(b)(1) and Part 391.41(b)(1) through (11) 
and therefore will be authorized for intrastate operation if licensed prior to March 30, 1992, are ap- 
proved by an Exemption Review Officer appointed by the Commissioner of Motor Vehicles and meet 
all other requirements of this Section. These drivers shall continue to be exempt upon completion of 
a biennial medical examination indicating the condition has not worsened or no new disqualifying 
conditions have been diagnosed and upon continued approval of an Exemption Review Officer. 

History Note: Statutory Authority G.S. 20-384; 
Eff. December I, 1983; 
Amended Eff. November I, 1990; September 1, 1990; November I. 1988; July I, 19SS. 



943 5:14 NORTH CAROLINA REGISTER October 15, 1990 



FINAL RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 

LIST OF RULES CODIFIED 

OCTOBER 1990 



AGENCY ACTION TAKEN 

DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT 



NCAC 



3C 



19L 



.0201 
.0901 
.1301 
.0501 



- .0202 



DEPARTMENT OF CORRECTION 



5 NCAC 2E .1501 

2F .1801 - .1802 
.1803 - .1809 

DEPARTMENT OF HUMAN RESOURCES 



10 



NCAC 



3.1 


.1501 - 

.2801 

.3502 


.1503 


3U 


.0102 
.2601 






.2606 - 


.2607 


14C 


.1117 
.1135 
.1145 
.1147 




19G 


.0502 




21A 


.0301 
.0401 




21B 


.0104 




29 B 


.0003 




29C 


.0002 




39A 


.0001 - 


.0003 


39C 


.0001 - 


.0005 




.0007 - 


.0008 




.0011 




39D 


.0108 






.0201 - 


.0209 




.0301 - 


.0303 




.0401 - 


.0410 


451 1 


.0202 




49 B 


.0311 
.0312 
.0313 
.0314 




49C 


.0101 




49 D 


.0001 - 


.0003 


49F 


.0001 - 


.0004 


SOB 


.0402 





** Amended 
** Amended 
** Amended 
Amended 



Amended 
Amended 
Adopted 



Repealed 
** Adopted 
Amended 
** Amended 
** Amended 
** Amended 
** Amended 
** Amended 
** Amended 
** Amended 
** Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Repealed 
Repealed 
Repealed 
** Adopted 
** Adopted 
** Adopted 
** Adopted 
** Amended 
Repealed 
** Amended 
Repealed 
Adopted 
** Amended 
Repealed 
** Adopted 
Amended 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



944 



FINAL RILES 



DE PARTMENT OF INSURANCE 

11 NCAC 6A .0101 .Amended 

.Amended 
Amended 
.Amended 
Amended 
Amended 
Amended 
.Amended 
** .Amended 
.Amended 
.Amended 
Repealed 
.Amended 
** .Amended 
** .Amended 
Adopted 
.Amended 
.Amended 
** Amended 
** Amended 
** .Amended 
Repealed 
** Amended 
** Adopted 
** Adopted 
** Adopted 
** Adopted 



6.A .0101 




.0212 




.0215- 


.0216 


.0219 




.0221 




.0223 




.0236 




.0301 




.0304 - 


.0306 


.0401 




.0402 - 


.0405 


.0406 - 


.0407 


.0408 




.0410 




.0412 - 


.0413 


.0414 - 


.0415 


.0501 - 


.0503 


.0505 - 


.0506 


.0601 - 


.0602 


.0701 




.0703 - 


.0705 


.0706 




10 .1103- 


.1104 


.1105 




1 IB .0601 - 


.0606 


.0608 - 


.0609 


.0611 - 


.0614 


ENVIRONMENT 


. HEALTH, 



15.A NCAC 2H .0105 ** .Amended 

.0205 ** .Amended 

.0211 Amended 

.1201 - .1202 Adopted 

.1204 -.1205 Adopted 

2L .0109 .Amended 

13.A .0001 - .0003 Amended 

.0004 - .0014 .Amended 

13B .1101 - .1112 ** Adopted 

.1201 -.1207 ** Adopted 

.1301 Adopted 

16.A .0106 .Amended 

.0108 -.01 10 .Amended 

.0202 - .0203 ** .Amended 

.0209 ** .Amended 

ISA .1961 ** .Amended 

.2108 Repealed 

.2117 ** Adopted 

.2609 ** Amended 

ISC .1522 Amended 

19A .0201 .Amended 

.0401 ** Amended 

.0701 "Adopted 

19B .0101 ** Amended 

.0333 ** .Amended 

.0354 .Amended 



945 5:14 NORTH CAROLINA REGISTER October 15, 1990 



FINAL RULES 



.0503 

191 .0101 - .0105 

21 D .0402 

.0406 

.0501 

.0503 

.0706 

24A .0202 

DEPARTMENT OF PUBLIC EDUCATION 

16 NCAC 6C .0403 

DEPARTMENT OF REVENUE 



17 NCAC 7B 


.0101 






.0104- 


.0105 




.0124 






.0707 






.1906 






.2105 






.2606 






.3201 






.3203 






.4607 - 


.4608 




.4613 - 


.4614 




.4619 






.4716 






.5401 - 


.5402 




.5406 






.5407 






.5409 - 


.5410 




.5413 






.5441 






.5444 






.5449- 


.5458 


SECRETARY OF STATE 







18 NCAC 6 .1307 

DEPARTMENT OF TRANSPORTATION 



19A NCAC 



2D .0603 
.0607 
.0622 
.0624 
.0629 
.0632 



** Amended 
** Adopted 
Amended 
Amended 
Amended 
Amended 
Amended 
** Amended 



Amended 



Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Adopted 

Amended 

Amended 

Amended 

Repealed 

Amended 

Repealed 

Repealed 

Repealed 

Adopted 



** Amended 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 



BOARD OF COSMETIC ART EXAMINERS 



21 



NCAC 



141 .0304 

14J .0107 

.0206 



Amended 

Adopted 

Amended 



BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS 



21 



NCAC 



18B .1101 - .1108 



Adopted 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



946 



FINAL RULES 



BOARD OF MEDICAL EXAMINERS 



21 NCAC 32H .0402- .0403 
.0406 



BOARD OF NURSING 

21 NCAC 36 
BOARD OF PHARMACY 



.0218 



21 NCAC 46 


1317 




1503 




1807 




2001 




2008 




2502 




2601 - .2607 




2701 - .2704 




2801 - .2808 


BOARD OF PRACTICING PSYCHOLOGISTS 


21 NCAC 54 


1605 



** Amended 
* + Amended 



Amended 



Amended 
** Amended 
** Adopted 
.Amended 
.Amended 
.Amended 
** Adopted 
** Adopted 
** Adopted 



Temp. .Amended 
Expires 04-01-91 



94' 



5:14 NORTH CAROLINA REGISTER October 15. 1990 



ARRC OBJECTIONS 



1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. 143B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
143B-30.2(d). 



ECONOMIC AND COMMUNITY DEVELOPMENT 

Banking Commission 

4 NCAC 3C .0201 - Establishment of Branch and Limited Svcs Facilities 

Agency Revised Rule 
4 NCAC 3C .0202 - Branch Closing 

Agency Revised Rule 
4 NCAC3C .0901 - Books and Record 

Agency Revised Rule 
4 NCAC 3C .1301 - Annual Vacation 

Agency Revised Rule 

Community Assistance 

4 NCAC 19L .0501 - Definition 
Agency Revised Rule 

Credit Union Division 

4 NCAC 6C .0203 - Fields of Membership 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental I leahh 

15 A NCAC 18 A .2117 - Water Sanitation and Quality 

Agency Revised Rule 
I5A NCAC 18 A .2609 - Refrigeration: Thawing: and Preparation of Food 

Agency Revised Rule 
15A NCAC 18C .1529 - Point-of Entry and Other Treatment Devices 

Agency Revised Rule 

Environmental Management 

ISA NCAC 2H .1203 - Public Notice 
Agency Revised Rule 

Marine Fisheries 

ISA NCAC 3C .0311 - Cancellation 

15A NCAC 3N .0001 - Scope and Purpose 

Agency Raised Rule 
15A NCAC 30 .0203 - Shellfish Lease Application Processing 

Agency Re\'ised Rule 

Solid Waste Management 



ARRC Objection 7/19/90 
Obj. Removed 8/16/90 
ARRC Objection 7/19/90 
Obj. Removed 8/16/90 
ARRC Objection 7/19/90 
Obj. Removed 8/16/90 
ARRC Objection 7/19/90 
Obj. Removed 8/16/90 



ARRC Objection 7/19/90 
Obj. Removed 8/16/90 



ARRC Objection 8/ 16/90 
Obj. Removed 9/20/90 



ARRC Objection 8/16/90 
Obj. Removed 8/23/90 
ARRC Objection 8) 16/90 
Obj. Removed 8,23/90 
ARRC Objection 6/21/90 
Obj. Removed 7/19/90 



ARRC Objection 8/16/90 
Obj. Removed 9/20/90 



ARRC Objection 9/20/90 
ARRC Objection 8, 16/90 
Obj. Removed 9/20/90 
ARRC Objection 8/ 16/90 
Obj. Removed 9/20/90 



5:14 NORTH CAROLINA REGISTER October 15. 1990 



948 



ARRC OBJECTIONS 



15A XCAC 13B .1003 - Eligible Purposes 

Agency Revised Rule 
ISA XCAC 13B .1005 - Priority Factors 

Agency Revised Rule 
ISA XCAC 13B .1104 - General Conditions 

Agency Revised Rule 
ISA XCAC 13B .11 OS - Permit Required 

Agency Revised Rule 
ISA XCAC 13B .1107 - Scrap Tire Collection Site Operational Reqmnts 

Agency Revised Rule 

Wildlife Resources Commission 

ISA XCAC 10H .0302 - Minimum Standards 

HUMAN RESOURCES 

AFDC 

10 XCAC49C .0101 - Eligibility for Coverage 
Agency Revised Rule 

Facility Services 

10 XCAC 3 R .2113 - Definitions 

Agency Revised Rule 
10 XCAC 3R .2115 - Xeedfor Senices 

Agency Revised Rule 

Governor Morehead School 

10 XCAC 21 A .0301 - Eligibility 
Agency Revised Rule 

Youth Services 

10 XCAC 44B .0504 - Medical Care 

Agency Revised Rule 
10 XCAC 44B .0506 - Room Restriction or Confinement 

Agency Revised Rule 

INSURANCE 

Agent Senices Division 

// XCAC 6 A .0~02 - Prelicensing Education Schools 
Agency Revised Rule 

Financial Evaluation Division 

// XCAC JIB .060" - Application - Employers 

Agency Returned Rule Without Change 
J J XCAC JIB .0610 - Application ■ Groups 

Agency Returned Rule Without Change 

LICENSING BOARDS AND COMMISSIONS 



ARRC Objection 81 16190 
Ob). Removed 9120190 
ARRC Objection 8116190 
Obj. Removed 9120:90 
ARRC Objection 8116190 
Obj. Removed 8/23190 

ARRC Objection 8i 16190 
Obj. Removed 8/23, 90 
ARRC Objection 81 16190 
Obj. Removed 8 1 23 j 90 



ARRC Objection 9/20:90 



ARRC Objection 7/19/90 
Obj. Removed 8/16/90 



ARRC Objection 9/20/90 
Obj. Removed 9,21:90 
ARRC Objection 9 7 20:90 
Obj. Removed 9,21/90 



ARRC Objection 7/19:90 
Obj. Removed 8, 16 90 



ARRC Objection 7 1990 
Obj. Removed 8,16,90 
ARRC Objection 7/19/90 
Obj. Removed 8/16 90 



ARRC Objection 8: 16:90 
Obj. Removed 9:20/90 



ARRC Objections 16 90 
9 20. 90 

ARRC Objections 16 90 
9120 90 



949 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



ARRC OBJECTIONS 



Pharmacy 

21 NCAC 46 .1503 - Experience in Pharmacy 
Agency Revised Rule 

Physical Therapy 

21 NCAC48C .0102 - Responsibilities 

21 NCAC48C .0501 - Exemption for Students 

PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6C .0312 - Certificate Suspension and Revocation 

Agency Revised Rule 
16 NCAC6D .0105 - Use of School Day 

Objection Reconsidered and E ailed 

Clincher Motion Passed 

Agency Filed Rule for Codification in the NCA C 

SECRETARY OF STATE 

Corporations Division 

18 NCAC 4 .0101 - Location and Hours 

18 NCAC 4 .0102 - Administration and Functions 

18 NCAC 4 .0205 - Overpayment 

18 NCAC 4 .0206 - Documents Not Specifically Provided For 

18 NCAC 4 .0302 - Execution 

18 NCAC 4 .0303 - Rejection 

18 NCAC 4 .0305 - Corrective Filings-Nonprofit Corp/ Limited Partnerships 

18 NCAC 4 .0306 - Articles of Incorporation - Nonprofit Corporations 

18 NCAC 4 .0307 - Application For Reservation of Corporate Name 

18 NCAC 4 .0308 - Registered Office and Registered Agent 

18 NCAC 4 .0311 - Art of Merger! Share Exch /G.S. 55-1 1-07/55A-42.1 

18 NCAC 4 .03/2 - Appl For Cert of Authority / Foreign Prof Corporation 

18 NCAC 4 .0313 - Filing Merger Involving Foreign Corporation 

Filing Evidence of Dissolution 1 Foreign Nonprofit Corp 

Form for Annual Report 

Documents 

Cert of Facts! Certificate of Exit; Authorization 

General 

Words Prohibited in Addition to Statutory Prohibitions 
18 NCAC 4 .0503 - Deceptively Similar and Distinguishable Names 
18 NCAC 4 .0504 - Filing Fictitious/ Assumed Name/ Foreign Corporation 
No Response Received From Agency 
Response Recehed From Agency 



ARRC Objection 8/ 16/90 
Obj. Removed 8/23/90 



ARRC Objection 9/20/90 
ARRC Objection 9/20/90 



ARRC Objection 8/16/90 
Obj. Removed 9/20/90 
ARRC Objection 6/21/90 

7/19/90 

9/28/90 



18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 
18 NCAC 4 



.0314 
.03/6 
.0401 
.0402 
.0501 
.0502 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Object. 
Object 
Object. 
Object 
Object. 
Object. 
Object. 
Object. 
Object 
Object 
Object. 
Object 
Object 
Object 
Object 
Object 
Object 
Object 
Object 
Object 
Object 



Obj Removed 



6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
7/19/90 
8/16/90 



Securities Division 

18 NCAC 6 .1210 - Securities Exchgs/Auto Quotation Sys Approve /Admin 
No Response Received From Agency 
Response Received From Agency 

STATE PERSONNEL 



ARRC Objection 6/21/90 

7/19/90 

Obj. Removed 8/16/90 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



950 



ARRC OBJECTIONS 



25 XCAC IB OW 7 - Personnel Commission Meetings 

25 XCAC IB .0108 ■ Commission Staff 

25 XCAC IB .(>I09 - Commission Actions 

25 XCAC IB .0110- Motions 

25 XCAC IB .0111 - Voting 

25 XCAC IB .0112 - Abstention 

25 XCAC IB .0113 - Duties of the Chairman 

25 XCAC IB .0114 - Order of Business 

25 XCAC IB .0115 - Special Meetings 

25 XCAC IB .0116 - Duties of Chairman Between Meetings of the t'omm 

25 XCAC IB .0117 - Standing Special Committees 

25 XCAC IB .0118 - Minutes 

25 XCAC IB .01 19 - Xotice of Commission Action 

25 XCAC IB .0120 - Appointment of \ ice-Chairman 

25 XCAC 1L .0201 - Purpose 

25 XCAC 1L .0202 - Policy 

25 XCAC 1L .0206 - Anti-Discrimination 

Agency Revised Rule 
25 XCAC IL .020^ - Testing and Examination 

Agency Revised Rule 

STATE TREASURER 



ARRC Objection 9 20 90 
ARRC Objection 9 20 90 
ARRC Objection 9 20 90 
ARRC Objection 9 20 90 
ARRC Objection 9 20 90 
ARR( Objection 9 2<> 9(1 
ARR( ' Objection 9 2<> '/<> 
ARR( Objection 9 2<i '*> 
ARRl ' Ohjection '/ 2'' '"> 
ARR( ' Ohjet turn '/ 2<> '"> 
ARRl ' Ohjection v Ju '/() 
ARR( ' Objection '' 2" ''<> 
IA'/\'< ' Objection '> 2" W 
ARRl ' Objection 9 2d '/() 
ARRC Objection 9 20 91) 
ARRC Objection 9 20 VO 
ARRC Objection 9 20 90 
Obj. Removed 9 2/ 90 
ARRC Objection 9 20 90 
Obj. Removed 9 21 90 



Local Government Commission 



20 XCAC 3 .1003 - Petition for Hearing 

Agency Revised Rule 
20 XCAC 3 .1004 - Hearing Officer 

Agency Withdrew Rule 



ARRC Objection 9 20 90 
Obj. Removed 9 20 90 

9 20 90 



951 



5:14 SORTH CAROLINA REGISTER October 15, 1990 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a ride in the North Carolina Administrative Code. 



10NCAC 3R .0317(g) - WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership, Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 0296). 



5:14 NORTH CAROLINA REGISTER October 15, 1990 952 



NOR TH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TELE 


DEPARTMENT 


LICENSING BOARDS CH 


APTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections 


Electrical Contractors 


18 


9 


Governor 


Foresters 


20 


li) 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing Aid Dealers and Fitters 


22 


12 


Justice 


Landscape Architects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


Midwifery Joint Committee 


33 


16 


Public Education 


Mortuary Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretary of State 


Nursing Home Administrators 


M 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometry 


42 


22 


Administrative Procedures 


Osteopathic Examination and 


44 


2\ 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


48 


26 


Administrative Hearings 


Plumbing and Heating Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Surveyors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



953 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



CUMULA TIVE INDEX 



CUMULATIVE INDEX 

(April 1990 - March 1991) 



1990 - 1991 

Pages Issue 

1 - 151 1 - April 

152 - 235 2 - April 

236 - 285 3 - May 

286 - 312 4 - May 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - July 

514 - 603 8 - Julv 

604 - 635 9 - August 

636 - 723 10 - August 

724 - 791 11 - September 

792 - 859 12 - September 

860 - 895 13 - October 

896 - 956 14 - October 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATION 

Auxiliary Services, 860 PR 

State Property and Construction, 411 PR 

ADMENISTRATEN E HEARINGS 

Rules Division, 792 PR 

AGRICULTURE 

Markets, 737 PR 

Plant Conservation Board, 1 PR 

Plant Industry, 739 PR 

State Fair, 737 PR 

Structural Pest Control Committee, 7 PR 



CORRECTION 

Division of Prisons, 



762 FR, 867 FR, 938 FR 



5:14 NORTH CAROLINA REGISTER October 15, 1990 



954 



CUMULA TIVE INDEX 



CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol. 53 PR. 804 PR 
Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Banking Commission, 16 PR 
Community Assistance, 25 PR, 317 PR 
Credit Union. 317 PR, 860 PR 
Hazardous Waste Management. 742 PR 
Milk Commission, 24 PR. 741 PR 

ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR, 292 PR, 707 PR 

Environmental Management. 54 PR. 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR 
Health Services, 190 PR, 565 PR, 816 PR, 860 PR 
Land Resources, 744 PR 
Marine Fisheries. 63 PR, 484 PR, 805 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 
Water Treatment Facility Operators Board of Certification, 621 PR 

Wildlife Resources and Water Safety, 137 PR. 206 PR, 293 PR, 349 PR, 438PR. 563 PR, 748 PR, 815 PR, 
924 PR 

FLNAL DECISION LETTERS 

Voting Rights Act, 241. 286. 316. 605, 63S, 792 

FLNAL RULES 

List of Rules Codified. 143 FR. 226 FR, 302 FR, 463 FR, 587 FR, 710 FR.842 FR, 944 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders. 236. 313. 408. 474. 514. 604. 636, 724. 896 

HUMAN RESOURCES 

Aging, Division of. 704 PR 

Decommission. 870 FR, 939 FR 

Facility Services, 516 PR. 702 PR 

Health Services, 152 PR, 245 PR 

Medical Assistance. 191 PR. 911 PR 

Mental Health, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR, 898 PR 

Services for the Blind, 412 PR 

Social Sen-ices. 247 PR, 607 PR 

Water Treatment Facility Operators Board of Certification, 27 PR 

Youth Services, 261 PR 

INSURANCE 

Actuarial Services Division. 480 PR 

Agent Services Division, 321 PR. 520 PR 

Engineering and Building Codes, 793 PR 

Financial Evaluation Division. 342 PR. 525 PR 

Fire and Casualty Division. 335 PR. 4^8 PR. 796 PR 

Life: Accident and Health. 264 PR. 287 PR. 529 PR. 798 PR 

JUSTICE 

Attorney General. Office of the. 192 PR, 273 PR 

Criminal Justice Education and Training Standards Commission, 704 PR 

Sheriffs Standards Division. 608 PR 

LICENSING BOARDS 

Cosmetic Art Examiners. Board of. 355 PR. 70S PR. 927 PR 

Electrical Contractors. Board of Examiners of, 356 PR 



955 5:14 NORTH CAROLINA REGISTER October 15, 1990 



CUMULA TIVE INDEX 



Medical Examiners, Board of, 207 PR, 838 PR, 862 PR 
Mortuary Science, Board of, 749 PR 
Nursing, Board of, 300 PR, 496 PR 
Nursing Home Administrators, Board of, 750 PR 
Physical Therapy Examiners, Board of, 443 PR 
Plumbing and Heating Contractors, Examiners, 621 PR 
Practicing Psychologists, Board of, 755 PR 
Real Estate Commission, 625 PR, 863 PR 

PUBLIC EDUCATION 

Elementary and Secondary, 141 PR, 275 PR, 351 PR 

REVENUE 

Individual Income Tax, 359 FR 

License and Excise Tax Division, 445 FR 

Sales and Use Tax, 213 FR, 453 FR, 872 FR 

SECRETARY OF STATE 

Corporations Division, 489 PR 

Securities Division, 293 PR, 495 PR, 927 PR 

STATE PERSONNEL 

State Personnel Commission, 277 PR, 500 PR, 756 PR 

STATE TREASURER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORTATION 

Highways, Division of, 765 FR, 883 FR 

Motor Vehicles, Division of, 222 FR, 773 FR, 943 FR 



5:14 NORTH CAROLINA REGISTER October 15, 1990 956 



NORTH CAROLINA ADMINISTRATIVE CODE 

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